Wood

Wood v. Crocker First National Bank

Good Law
107 Cal. App. 685·1930 Cal. App. LEXIS 325·291 P. 221
Court of Appeal of CaliforniaAugust 16, 1930Docket No. 7439.California1,154 words

Opinion

Lead Opinion

Burroughs, J.

This is an action in claim and delivery. Judgment went for the defendant, and the plaintiff appeals. The record discloses that on July 1, 1918, the-plaintiff deposited with the Crocker Safe Deposit Vaults, as a bailee for hire, a trunk containing several thousand dollars’ worth of property. The defendant bank is the successor in interest of the said Crocker Safe Deposit Vaults. At the time of the deposit of the trunk a receipt therefor was mailed to the plaintiff. The trunk was de-x posited in the name of the plaintiff and she gave no instructions to the depositary as to its delivery.

On November 9, 1925, the trunk was delivered to one Baldwin Wood, a son of the plaintiff. On October 8, 1912, the plaintiff made, executed and delivered to said Baldwin Wood a general power of attorney, authorizing him to transact business for the plaintiff. This power of attorney was recorded in the office of the county recorder of the city and county of San Francisco on November 11, 1912, and was not revoked until April 1, 1926, about five months after the delivery of the trunk to Baldwin Wood.

Appellant contends that the respondent was not justified in delivering the trunk to her son, because…

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