Cyclops Iron Works v. Chico Ice & Cold Storage Co.

This is an action for damages in the sum of $967.50 for the alleged unlawful conversion of 215 galvanized iron ice cans. Judgment was rendered in favor of defendant for costs, from which plaintiff appeals.

In 1905, Joseph M. Etienne, Victor Etienne, Jr., and Paul Heilmann formed a copartnership and commenced the business of ice-making under the name of Chico Ice & Cold Storage Company. Their plant was installed at Chico by the plaintiff corporation, of which Joseph M. Etienne and Victor Etienne, Jr., were, respectively, president and secretary, both being directors thereof and each owning one share of the capital stock of the corporation. Among other articles shipped to the copartnership by the appellant corporation were 410 cans, 215 of which are the subject of this action. The claim of appellant is that said cans belonged to it and were stored with the respondent corporation, while the latter claims that they were purchased by its predecessor, the copartnership above mentioned, along with the other apparatus constituting the ice plant.

In December, 1907, Paul Heilmann sold his interest in the partnership to Victor Etienne, Jr., and the defendant corporation was then formed,…