Stark

Temple, C.

— This case presents only the question whether different causes of action have been improperly united in a complaint.

It consists of two counts, or separate statements of two causes of action. The first charges that plaintiff delivered to defendant, at his special instance and request, a package containing $650 in coin, in consideration of which defendant undertook and agreed to take due and proper care of it, and to redeliver the same to plaintiff on demand; that defendant did not take due and proper care of said package, but so carelessly conducted himself with respect thereto, that it was lost through his gross *401 carelessness, negligence, and improper conduct, and that he failed to redeliver the same on demand; wherefore plaintiff demanded judgment for damages.

In the second cause of action it is averred that on a day named plaintiff was the owner and entitled to the possession of a certain package of coin worth $650, which, being in the possession of defendant, he converted to his own use, etc.

A special demurrer was interposed to this complaint, specifically objecting to the joinder, on the ground that the first is a cause of action for the breach of a…