Bedig

This is an appeal from a judgment for defendants, in an action for alleged conversion of two carloads of grapes, shipped from Kings County, over the Southern Pacific Railroad, and originally consigned to the Bedig Produce Company at Chicago. The defendants deny that plaintiff was the owner of the grapes, and upon the contrary allege that they were owned by the Reliance Fruit Company, and were billed in the name of plaintiff by agreement as a matter of accommodation, and reconsigned to the purchaser California Growers & Shippers of Fresno, by H. J. Ellis, as the agent of plaintiff and delivered to John A. Eek Company at Chicago.

The plaintiff contends that the findings and judgment are not supported by the evidence; that the court erred in admitting oral evidence of the authorization for the transfer of the bills of lading; and that inconsistent defenses are not separately stated in the answer.

In part the court found: “That the plaintiff did not hire or employ defendants ... to transport . . . either of the carloads of grapes mentioned in plaintiff’s complaint. . . . That it is not true that said carloads of grapes were . . ¡ the property of plaintiff, but on the contrary were…