McMullin

This is an action in conversion. Plaintiff, a married man, deposited certain personal effects, the community property of himself and his wife, with defendant, a warehouse keeper, and they were stored hy defendant in plaintiff’s name. Defendant thereafter delivered the articles to the wife and the present action was the result of the delivery, suit having been instituted after due demand by plaintiff for a return of the goods. Plaintiff had judgment and defendant appeals.

One of the questions of fact at the trial was whether the delivery of the property to the wife was made upon the written order of respondent, presented to appellant by the wife. The trial court found that the wife presented no such order to appellant and that respondent issued no such order. It is contended that the finding was not supported by the evidence. The wife testified that the alleged order was given her by respondent, that she exhibited it to appellant before the personal property was delivered to her, but did not leave it with appellant, and that she thereafter destroyed it. Other witnesses testified that they had seen the alleged order. On the other hand, respondent testified - that he never issued or…