Cushman

An action to recover the value of personal property from defendants as bailees, the plaintiffs alleging in two counts, first, the violation of a contract of bailment by failure to redeliver on demand, and, second, a conversion of the property, these allegations being denied by defendants.

The cause was tried by a jury and a verdict for the defendants returned. Following the entry of judgment thereon plaintiffs moved for judgment notwithstanding the verdict, and for a new trial, both motions being denied. Appeals were taken from the order denying the first motion and from the judgment, and are presented on the judgment-roll with a bill of exceptions.

Appellants urge as grounds for reversal the denial of the motion first mentioned, the insufficiency of the evidence to sustain the verdict, rulings of the trial court on the admissibility of evidence, and the giving and refusing of certain instructions.

Defendant Roberts at all the times mentioned2 in the complaint was the proprietor of a restaurant in the city of San Francisco known as the Cliff House; and defendant Land-man, by agreement with the former, conducted a checkroom adjoining the restaurant, which was in charge of the…