Credit Guide Co. v. Fidelity Storage & Moving Co.

Action to recover possession of certain described personal property or the value thereof. Judgment entered in favor of the plaintiff, from which the defendant appeals.

[1] In the answer it was alleged that the action is barred by the provisions of subdivision 3 of section 338 of the Code of Civil Procedure, under which an action of this character must be commenced within three years from the time when the cause of action accrued. The property in question belonged to plaintiff’s assignor, Sarah B. Clark, and came into the possession of the defendant in December, 1912, or January, 1913. Mrs. Clark testified as follows: “I have requested and demanded the return of the goods which were missing on a number of occasions, as follows: at Los Angeles, one or two times at defendant’s place of business, the loss of the box having been discovered in April, 1913; I demanded the same several months later; I was at that time advised that they could not locate the box or the contents, but that they said that they would continue their efforts; several times after the occasion mentioned, I took up the matter with the company and was again advised that they were still searching for the chest…