Cunningham v. International Committee of Young Men's Christian Ass'ns

LANGDON, P. J. This is an appeal by the defendant from a judgment upon a verdict against it for $500 in an action in which the plaintiff sought to recover $931, the alleged value of a suitcase and contents left with the defendant in storage. Tho testimony showed that on or about November 15, 1918 (when it is alleged the suitcase was checked with the defendant), the plaintiff was an enlisted man in the United States navy. He claims to have checked his suitcase with the army and navy branch of the Y. M. C. A. at 266 Embarcadero, San Francisco, and this claim is sustained by his own testimony and by a paper check produced by him at the trial, bearing a number and, among other things, the printed words: ‘1 The article checked on this check is left with the Association at owner’s risk subject to storage rates and rules, and may be disposed of when storage is due six months. ’ ’ When plaintiff presented his cheek to secure the return of his suitcase it could not be found, and defendant refused to compensate plaintiff for the loss thereof. The suitcase, according to the testimony, was an “accordeon pleated” or extension leather suitcase, containing everything owned by the plaintiff and collected by him during several years of his foreign travels with the United States navy.

Defendant answered that it was a charitable corporation existing for the purpose of establishing and assisting Young Men’s Christian Associations, and to promote the spiritual, intellectual, physical, and moral well-being of young men in accordance with the aims and methods of Young Men’s Christian Associations, and that it was not organized and did not exist for the purpose of profit; that it maintained in San Francisco, a branch Young Men’s Christian Association for enlisted men of the army and navy of the United States, generally known as the “Army and Navy Young Men’s Christian Association”; that it employed various clerks and employees to manage and control said branch association; that defendant used due diligence in the selection of those said clerks and employees, to see that each of them was honest and competent to perform his respective duties; denied any knowledge of plaintiff’s ever having had or checked the suitcase and contents with defendant as alleged, and on that ground denied that plaintiff delivered said suitcase and contents to [489]defendant or left same with defendant. Defendant also alleged that if plaintiff cheeked for storage, delivered to or left with defendant the articles mentioned, same were so left with defendant at the risk of plaintiff; also, that if deposited, as alleged by plaintiff, said chattels had been lost, destroyed, or stolen before demand-, and without carelessness, negligence, or fault of defendant; also, that in the event said goods were checked with defendant, defendant used' due care and diligence for the preservation thereof, and employed proper agents and employees to care for and preserve the same. Defendant also answered that if it receive said goods or chattels for storage, they were so received for the accommodation of plaintiff, not for hire or reward or profit to defendant, but as a part of defendant’s charitable work.