Cass

In this action plaintiff sought a judgment for the return and redelivery to him of certain personal property, alleged to have been deposited with the defendant as bailee and by the latter converted to its own use, or the value thereof, alleged to be $320.25, together with $150 for time and money expended in pursuit thereof.

Judgment went for defendant, from which plaintiff appeals on the judgment-roll.

While the complaint appears to have been based upon the theory of conversion, it, in addition to the allegations constituting such cause of action, set forth in detail facts showing the existence of a contract under which the goods were received by defendant as depository, to he redelivered upon demand, the making of such demand, and defendant’s neglect and failure to so deliver them, as to all of which facts, put in issue by the answer and tried, the court found that defendant at the time in question conducted a bathhouse, the privileges of which it let for hire and undertook to safely keep and promptly return on demand valuables and pocket contents entrusted to it by patrons, among whom was plaintiff, from whom, on June 17, 1917, preparatory to his using the swimming-pool in the…