Fitch v. Bekins Van & Storage Co.

DORAN, J. This is an action to recover damages for the alleged conversion by defendant of household goods belonging to plaintiff.

Without encumbering the record with details, it should be stated at the outset that at the conclusion of the trial of the within action there were but two defendants, namely, Fidelity Depositories, Ltd., and R. F. Palmateer. The jury returned a verdict in favor of plaintiff as against Fidelity Depositories, Ltd., and as between plaintiff and Palmateer, a verdict in favor of Palmateer. From the judgment thereafter entered, defendant Fidelity Depositories, Ltd., appeals.

Plaintiff had stored his household goods in defendant’s warehouse May 30,1932, and had received a warehouse receipt from defendant. On or about June 11, 1935, plaintiff claims to have had a conversation with Palmateer, president of defendant company which, quoting from plaintiff’s testimony, was as follows: “I said, ‘I am going away to Pueblo, Colorado, and I don’t know how long I shall be gone, but I want to see you about my goods in storage here. You [103]know, Robert, my goods are worth more than $2,000.00, and I can’t afford to lose them by not paying the storage.’ I said, ‘How much do I owe you?’ And Mr. Palmateer referred to his ledger and said, ‘Well, it is still $57.10, Mr. Fitch.’ ‘Well,’ I said, ‘that seems like a small amount. I think I might pay you now, but if I do so it is going to leave me rather short on my trip . . . ’ And he said, ‘Well, don’t worry about that; you don’t need to worry at all,’ he said. ‘In the first place, we couldn’t sell your goods without giving you notice.’ And I said, ‘If you will mail notice to me care of Hiram E. Casey, Los Angeles, you can always reach me. . . . ’ He said, ‘All notices that we send, we will send in care of Hiram E. Casey.’ ”

Defendant’s ledger sheet of plaintiff’s account- shows four different addresses of plaintiff, arranged in a column, the last of which is: “628 Title Ins. & Trust Bldg.” This last address had been plaintiff’s headquarters for some time and was the office of Hiram E. Casey, an attorney at law, the individual referred to in plaintiff’s testimony just quoted. Plaintiff left for Pueblo about June 11, 1935, and returned to Los Angeles December 17, 1935. During his absence he did not communicate with either the defendant or Mr. Casey.

On September 24, 1935, Mr. Palmateer caused to be forivarded purportedly to plaintiff by registered mail a demand for the payment of delinquent storage charges together with notice that plaintiff’s goods would be sold to satisfy the charges on November 5,1935, unless such charges were sooner paid. This demand and notice was addressed as follows: