Moosios
Moosios v. Rusconi
Opinion
Lead Opinion
Kerrigan, J.
This is an action brought by the plaintiff against the defendant for conversion of a lot of beans upon which plaintiff held a chattel mortgage. The trial court found against the defendant and rendered judgment in plaintiff’s favor for the sum of seven hundred dollars, the value of the beans found to have been converted.
The defendant" leased a parcel of land in Fresno County to Harry Sidery, Y. Colivas, and Louis Fatseas, mortgagors of the plaintiff, to be farmed on equal shares. In addition to receiving one-half of the crop, the defendant was to be reimbursed for any advances he might make to his lessees for the purpose of enabling them to produce and harvest the crop, this reimbursement to be made out of the lessees’ share thereof at the time it was harvested, at which time also the defendant was to receive from the lessees his share thereof due as rent. Just prior to October 28', 1915, plaintiff and defendant apparently became apprehensive as to how the crop of beans would be divided, and on the forenoon of that day the plaintiff obtained from the lessees a promissory note for $750, payable one day after date, for supplies and advances furnished them, the note being secured by…