Leggett

The plaintiff and respondent conducted one or more stores in the city of Tulare, county of Tulare, state of California. The defendant and appellant, Anne E. Cooper, was employed by respondent as a clerk from about July, 1922, to about January, 1924, when she left his employ and went to the city of Stockton, California. The defendant A. S. Cooper is her husband.

i In September, 1924, appellant returned to one of the stores of respondent in Tulare and was there seen stealing and carrying away merchandise. A few days later two employees of respondent went to the city of Stockton and located the residence of appellant and her husband. They found the husband, and with his consent and assistance opened appellant’s trunk and found therein a large quantity of merchandise which had been taken from respondent’s store in Tulare. They also found a number of unopened bundles of merchandise which had been shipped from respondent’s store in Tulare to appellant in Stockton. They also found a number of dresses and other wearing apparel which showed slight wear and which appellant subsequently admitted had been stolen by her from respondent. Appellant had several trunks stored at another address…

I dissent. This is an action for conversion of merchandise and money, alleged to have been received by defendants, which belonged to plaintiff,, and which, upon demand, they refused to deliver to plaintiff. It is also alleged that defendants admitted in writing their wrongful receipt of the property.

The answer denies the receipt of the property by the defendants and the making of the alleged admission, and by way of counterclaim sets up the wrongful taking and withholding by plaintiff of certain personal property of defendants.

At the close of plaintiff’s evidence, the court, on motion, granted a nonsuit as to the defendant A. S. Cooper, and at the conclusion of the trial, ordered judgment against the other defendant, who appeals from the judgment entered against her.

The court found that it was true that the defendant Anne E. Cooper received, between July 22, 1922; and January 5,. 1924, merchandise and money to the amount alleged in the complaint, which belonged to plaintiff; that plaintiff upon discovery of the facts, on November 23, 1924, made demand upon defendant for return of the property, but that she failed to return it; that said defendant on November 24, 1924, signed…