Struven

Miller v. Struven

Good Law
1923 Cal. App. LEXIS 216·63 Cal. App. 128·218 P. 287
Court of Appeal of CaliforniaJuly 23, 1923Civ. No. 4512.California2,266 words

Opinion

Lead Opinion

Richards, J.

This appeal is from a judgment in favor of the plaintiffs in an action for damages for the conversion of personal property. The amended complaint briefly alleges that the plaintiffs’ predecessor, the Mercantile Trust Company of San Francisco, at all times mentioned therein prior to October 11, 1918, was the owner and entitled to the possession of certain specific personal property and that the defendant, on or prior to the last-named date, converted said property to his own use, to the plaintiffs’ damage in the sum of four thousand dollars. The defendant, in his amended answer to said complaint, denies each and all of these averments, and for a further defense sets up the statute of limitations and also laches and estoppel in bar of the plaintiffs’ action. The trial court found the facts to be as alleged in the plaintiffs’ complaint, except as to the value of the property, and also found against the defendant upon his several pleas in bar. Judgment was thereupon rendered for the sum of fifteen hundred dollars, with interest from October 13-, 1915, and for costs.

The facts out of which this litigation arose are somewhat complicated but are in the main undisputed and would seem to…

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