Vagim v. Haslett Warehouse Co.

CAMPBELL, J.,

pro

tem.

This is an action in trover to recover damages for the conversion of certain prunes which plaintiff had delivered to defendant’s warehouseman for storage in the latter’s storehouse in Visalia, California. The case was tried before a jury and judgment was returned in favor of plaintiff. Defendant appeals.

The complaint alleges that plaintiff is the -owner of certain prunes and entitled to their possession; that he demanded possession thereof from defendant but that the defendant refused and failed to deliver the prunes, and that the defendant unlawfully converted such personal property

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to its own use. By its answer appellant denies the respondent’s title to the prunes, or any right of possession.

Appellant claims: (1) That it did not permit or commit any act or omission constituting an act of unlawful or tortious dominion over the property claimed by respondent; (2) that the relationship of bailor and bailee did not exist between appellant and respondent; and (3) that appellant’s agent had no authority to receive the prunes.

1. The testimony of R. W. Pool, the agent in charge of appellant’s warehouse, disposes of most of these contentions. His testimony shows the following facts: That he was employed as a bonded agent of appellant in charge of the warehouse; that he weighed respondent’s prunes and put them in bins in the warehouse. Respondent came to the warehouse and he was shown what were purported to be his prunes. Pool had exclusive charge of the warehouse. Certain of respondent’s prunes were placed in two bins. Some time previous to "June 9, 1931, “stack cards” were placed against these prunes, showing same as belonging to others than respondent. These “stack cards” were placed on said prunes by the auditor of appellant. Subsequently these prunes were shipped from the warehouse by appellant. Mr. Pool, as agent of appellant, kept a record of all prunes coming in and going out of the warehouse, on a daily sheet, which records were made under instructions given by appellant. He forwarded these reports to appellant the latter part of the season. They contained the amount of prunes received every day, the amount put under bond, the ones under warehouse receipts, those which were released each day, and the balance on hand. This record showed the amount of prunes respondent had on hand at the warehouse. These prunes had been delivered by one M. M. Grant for the account of respondent. Appellant had possession of the prunes and Mr. Pool saw Mr. Simas, the auditor of appellant, put tags on some of them which had been referred to as belonging to respondent, and did not inform appellant that they were the prunes of respondent. Mr. Pool kept the records for appellant. These records contained the amount of prunes delivered to appellant by respondent.