Modlin v. Walter's Fur Shop

GRIFFIN, J.

Plaintiff appeals from an adverse judgment rendered in an action brought by him against defendants to recover for the loss of a mink coat delivered to defendants under a written consignment.

The material facts are undisputed. Plaintiff and one Giacomini each operated a wholesale furrier business in San Francisco at the same location. Plaintiff sold the higher priced

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furs and Giacomini those in a lower bracket. Giacomini traveled over the state in making sales for himself as well as for plaintiff. There is no question that he had unlimited authority to act as agent for the plaintiff. Walter G. Kurkjian called at plaintiff’s place of business and requested that the particular mink coat here involved be sent to Fresno, at defendants’ place of business, for the purpose of showing it to a prospective customer. In his travels, Giacomini brought it with him, together with many other furs owned by him or by other furriers for which he made sales on commission.

The defendants admittedly received and accepted the furs and coat. One of the defendant partners, Walter G. Kurkjian, signed his initials on the original statement of consignment upon which the several furs were listed, including the coat here involved. A carbon copy of the original was made and left with defendants. Both the original and carbon copy contained the printed notation thereon: " The articles mentioned above are sent to you for inspection for 24 hours only with the distinct understanding that they remain the property of the manufacturer until bill of sale is rendered by the consignor. Consignee shall be responsible for any loss from fire or theft or negligence. This merchandise is to be returned upon demand.” On the duplicate statement was printed the name “Jac-A-Me Furs—Wholesale-—G. Giacomini—Consigned to

Walter’s Fur Shop

. . .

Fresno . . .

Terms:

net . . .

No. . . . Description . . . Price.” Then follow the numbers given to other furs. No number is inserted for the