Rosenberg

Rosenberg v. San Francisco Storage Co.

Good Law
1927 Cal. App. LEXIS 861·81 Cal. App. 715·254 P. 909
Court of Appeal of CaliforniaMarch 12, 1927Docket No. 5646.California857 words

Opinion

Lead Opinion

Cashin, J.

An appeal from a judgment in an action for conversion.

The complaint alleged that appellant corporation, which conducts a storage warehouse, received from respondents for storage certain personal property owned by them which it failed to redeliver on demand. Judgment was entered for the plaintiffs in the sum of $440, the value of the property according to the findings of the trial court, with interest thereon at the legal rate from November 3, 1923, to the date of the judgment, and costs.

Appellant urges as grounds for reversal of the judgment that the findings are unsupported by the evidence, and that its liability, if any, was limited by contract.

Appellant admitted the receipt of several parcels of personal property from respondents, but denied the receipt of four parcels which the latter claimed were deposited and not redelivered. The first deposit of thirteen parcels was made on November 5, 1921, by respondent Lois Rosenberg, then unmarried, the receipt therefor being issued in the name of Miss Alexander. Subsequently, on May 15, 1922, three parcels were deposited and a fourth on August 11, 1922, the number regarding which there is no dispute aggregating seventeen parcels.…

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