Coppuck

Coppuck v. Huff

Good Law
1926 Cal. App. LEXIS 499·76 Cal. App. 594·245 P. 441
Court of Appeal of CaliforniaFebruary 23, 1926Docket No. 5016.California781 words

Opinion

lead Opinion

Tyler, J.

Action in conversion. The complaint alleges that on or about the eleventh day of June, 1923, plaintiff was the owner and entitled to the possession of a certain cigar-stand, business, and fixtures located in the Hotel Keystone at No. 54 Fourth Street, San Francisco.

That on said last-named day defendant unlawfully took possession of the same and converted the property to his own use, to plaintiff’s damage in the sum of $650, which amount is alleged to be the reasonable value of the property.

Defendant answering denied title in the plaintiff. The trial court found that plaintiff had no title to the property in question and never was the owner thereof, and it was decreed that he take nothing by his action and judgment was accordingly entered in favor of defendant. It is claimed that the evidence does not support the findings as to ownership or title.

There is no merit in this contention. There is ample evidence to show that the only right plaintiff ever had in the premises was as a tenant at the monthly rental of $50 per month. It was alleged in the answer and it appeared in evidence that plaintiff purchased the business conducted at the cigar-stand from one Shannon in the month…

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