Klein-Simpson Fruit Co. v. Hunt, Hatch & Co.

Plaintiff commenced this action on October 15, 1918, by filing a complaint setting forth two separate causes of action. The first cause of action is a simple cause for conversion. The complaint alleges that during the month of May, 1914, the defendant was operating a packinghouse at the town of Los Mochis, state of Sinaloa, Mexico, and was engaged in the business of buying and packing tomatoes and shipping them to the markets of the United States; that one Bosworth was then the general agent in Mexico of the defendant; that plaintiff was then the owner of a certain quantity of wooden box materials designated as shook, stored at the town of Los Mochis, and in the safekeeping, custody, and control of one Seally; that during said month of May, 1914, the defendant, through its agent Bosworth, knowing the relation between plaintiff and Seally, employed the latter to superintend the packing-house of said defendant in Los Mochis; that during said month of May the said Bosworth and Seally, acting as agents of the defendant, converted and appropriated to the use of defendant a quantity of said shook to plaintiff’s damage in the sum of $1,232.94; that owing to a state of insurrection which…