Muehlebach

This is an action by a guest against an innkeeper to recover damages in the sum of two thousand one hundred dollars, the alleged value of jewelry deposited for safekeeping, stolen by innkeeper’s servant who was specially entrusted with the care and safeguarding of the property.

The complaint contains three counts: The first charges defendant with conversion; the second charges defendant with employing a dishonest clerk who wrongfully converted the property to his own use, and the third, charges that defendant undertook to keep the property safely, guaranteed the honesty of the' servant, and was guilty of gross negligence in the premises. The answer denied these charges. Trial was had before the superior court without a jury. The trial court found, in part, as follows:

That on or about the first day of March, 1920, plaintiff was the owner of and entitled to the possession of certain personal property (jewelry described).

That on or about March 1, 1920, plaintiff was a guest of said defendant at the hotel conducted and operated by it at Paso Eobles, California; that in a conspicuous place in the room which he occupied and to which he was assigned in said hotel by the said…