Cooper

In this action the plaintiff, as the executor of the last will- and testament of John H. Lochhead, de ceased, sought to recover damages of the defendant for the conversion of forty shares of the capital stock of the “Spring Valley Water Works,” alleged to have been the property of the estate of said deceased. Plaintiff’s complaint is in the usual form, and the answer of the defendant consists of denials only. The case was tried with a jury. The verdict was for the defendant, and judgment was entered accordingly. Prom the order denying his motion for a new trial plaintiff appeals. The appeal is prosecuted under the provisions of section 941b of the Code of Civil Procedure, and is presented to this court upon the engrossed statement of the case used upon appellant’s motion for a new trial.

Appellant’s assignments of error relate exclusively to the giving of certain instructions, and the refusal to give others requested by appellant. It is one of the contentions of respondent that the jury arrived at the only verdict possible under the evidence, and, therefore, assuming that the court erred to the prejudice of appellant in its charge to the jury, the judgment should not be…