Olschewski

This is an appeal from a judgment entered against plaintiff for failure to amend after the sustaining of a demurrer on the ground that the complaint failed to state facts sufficient to constitute a cause of action. The effect of the challenged ruling upon the demurrer was to hold that an action for conversion does not lie for the alleged appropriation and sale by an agent of a laundry route.

. Plaintiff is trustee in bankruptcy of the estate of the Eagle Laundry Company, a bankrupt corporation. Defendant is the executor of the estate of James T. Murphy, deceased. Prior to his death the deceased had been the agent of said laundry company in charge of route “A” in San Francisco, working for a compensation of thirty-five dollars per week. The complaint alleges that on September 17, 1924, the Eagle Laundry Company was adjudged a bankrupt, and plaintiff was duly appointed and qualified as trustee thereof; that for a period long prior to August 2, 1924, the deceased was employed and acted for said company in charge of route “A” in San Francisco, and as such agent “was given charge and control of numerous customers ... to collect for and deliver . . . laundry . . . for the purpose of…