McCaffey C. Co., Inc. v. Bank of America

This action, begun in Los Angeles County and afterward transferred for trial to Ventura County, sounds in conversion. A jury was impaneled for the trial of the case, but, the court having granted a motion for a nonsuit, the plaintiff appealed from the judgment thereupon entered in favor of all the defendants.

According to the record, the motion purports to have been made only on behalf of the defendants Bank of America and Lawrence Warehouse Company. Upon the appeal, however, the parties have dealt with the case as if the other defendants had joined in the motion, and, accordingly, we do likewise.

Our previous decision of the appeal was vacated and a re-argument had in order to give consideration to certain matters which were not discussed in the original briefs; but were first pressed upon the attention of the court in the petitions for rehearing. In fact, one of the legal points now stressed by plaintiff was not raised at all until presented in a supplemental brief filed by plaintiff after the re-argument. To that brief and the new point there urged the defendants have made no reply.

This action is a sequel to an action brought by the' same plaintiff in Los Angeles County…