John W. Davis, as trustee in bankruptcy of Miller Distributing Company, instituted suit against Howard Tarvin, to, recover $2400 alleged to belong to that company, a partner ship, before the adjudication in bankruptcy, and to have been ' wrongfully paid by one of the partners to the defendant in settlement of a gambling debt; and alleging that the defendant had illegally converted such sum to his own use and refused to pay it to the trustee on demand. A general demurrer to the petition was overruled, and the defendant excepted.
The allegations of the petition are similar to the allegations in Brownlow v. Davis, supra; and this case is controlled by the decision in that case.
Judgment affirmed.
Sutton and Felton, JJ., concur.