Michaelson

Michaelson v. Fish

Good Law
1 Cal. App. 116·1905 Cal. App. LEXIS 91·81 P. 661
Court of Appeal of CaliforniaJune 3, 1905No. 22.California1,816 words

Opinion

Lead Opinion

McLAUGHLIN, J.

This action was brought by plaintiff to recover possession of eleven casks of brandy, with damages for withholding possession of the same. The defendant, answering the complaint, denied that plaintiff owned, or was entitled to the possession of the brandy, or had at any time demanded possession of the same. As a special defense, and as ground for affirmative relief, he alleged: That he was employed by one Annie Kline Rickert as a distiller to make and manufacture brandy, at an agreed wage of seventy-five dollars per month; that he was to receive one hundred and twenty-five dollars for certain fruit furnished by him to said employer; that his employer was using plaintiff’s distillery in making said brandy, under permission from plaintiff; that he worked under said employment eight months, and that no part of his said wages, or of the money due for said fruit, had been paid; that he was in possession of said brandy until it was wrongfully taken from him under a writ of replevin; that he was entitled to retain possession of the same until he was paid for his labor in making it. The prayer was, that he be adjudged entitled to the possession of the brandy, and, in case it could not be…

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