Wilson

Wilson v. Crown Transfer & Storage Co.

Good Law
1927 Cal. LEXIS 515·201 Cal. 701·258 P. 596
Supreme Court of CaliforniaJuly 30, 1927Docket No. L.A. 8427.California4,344 words

Opinion

Lead Opinion

Curtis, J.

Action in conversion brought by plaintiffs as the owners of certain household goods against the defendant for damages upon its failure to return said goo.ds to plaintiffs after the latter had stored them with defendant in its warehouse. The plaintiffs on July 9, 1920, delivered said goods to the defendant for the purpose of having the same stored and kept by defendant in its said warehouse. On July 11, 1922, plaintiffs demanded of defendant a return of said goods, but defendant failed and refused to return the same, except a trunk containing certain clothing and wearing apparel in a greatly damaged condition. The complaint contained three causes of action. The first was for the conversion of the goods, which defendant failed to return, valued at $8,500; the second cause of action was for damages to the trunk and contents which were returned, the damage being alleged to be $450, and the third cause of action was based upon the contract for the storage of said goods. At the trial the court directed plaintiffs to elect whether they would stand on the first or third cause of action and plaintiffs elected to stand upon the first cause of action. Their election, therefore, eliminated…

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