Daggett

Daggett v. Gray

Bad Law
110 Cal. 169·1895 Cal. LEXIS 1035·42 P. 568
Supreme Court of CaliforniaNovember 25, 1895No. 19410California933 words

Opinion

Lead Opinion

Harrison, J.

This action was brought to recover damages from the defendants for the conversion by them of a stock of drugs in the Hotel Brewster Building, in San Diego. The defendants demurred to the complaint upon the ground that it did not state a cause of action, and, upon the overruling of their demurrer, answered the complaint. The cause was tried by the court and judgment rendered in favor of the plaintiff, from which and an order denying a new trial the defendants have appealed.

1. The demurrer was properly overruled. The complaint alleges that the plaintiff had been appointed receiver in an action then pending in the superior court of the county of San Diego, in which one Brickey was the defendant, and that as such receiver he was on the seventeenth day of March, 1893, “ the owner and lawfully entitled to the immediate possession of a stock of goods *171 in the drugstore in the Hotel Brewster Building, in San Diego, in said county,” and that on said seventeenth day of March, 1893, “ the defendants, then being in possession of said goods, unlawfully converted and disposed of the same to their own use,” whereby he had sustained damage. The defendants urge that this complaint is…

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