Schwartz

Appeal is taken by Fred Schwartz from the judgment herein in favor of plaintiff, from order dismissing cross-complaint and from the order denying appellant’s motion for a new trial. No appeal lies from the trial court’s denial of defendant’s motion for a new trial; that ruling may be reviewed only through an appeal from the judgment. (Hamasaki v. Flotho, 39 Cal. 2d 602, 608 [ 248 P.2d 910 ].)

Plaintiff’s complaint named the appellant Fred, Morris Schwartz, Jack Bulwa and Harry Smookler as defendants. The complaint alleges, in substance, that a balance of $3,040.04 was due plaintiff from defendants for the transportation of rubber and metal salvage goods from the State of Georgia to Los Angeles. On or about September 18, 1959, Fred and Morris Schwartz filed an answer denying the allegations of the complaint. A cross-complaint was also filed by Fred and Morris Schwartz, as copartners doing business as Central Tire and Salvage Company, against plaintiff alleging the conversions by it on or about May 14, 1959, of 959 used automobile tires of a value of $5,400. The other named defendants answered the complaint herein, and respondent filed an answer to said cross-complaint.

On August…