Machado v. Katcher Meat Co.

ADAMS, P. J. The plaintiff, Chas. B. Machado, doing business as Los Banos Livestock Commission Company, hereinafter referred to as Machado, brought this action against Katcher Meat Company, Inc., a corporation, hereinafter referred to as corporation, Jack Katcher, hereinafter referred to as Katcher, Jr., Abe Katcher, hereinafter referred to as Katcher, Sr., and Max Lewis, to recover $4,163.82. He alleged in his complaint that in Merced County, on or about December 2, 1948, the corporation gave him a worthless check postdated December 7, 1948, for said sum in conditional payment of the purchase price of 21 head of cattle then and there delivered to defendants. In a second count plaintiff alleged that defendants had conspired to cheat and defraud him, and that by reason of their acts and conduct he had been damaged in the sum of $4,163.82.

Abe Katcher was not served with process and did not appear in the action.

The case was tried by the court without a jury. It found the above allegations to be true, that the defendants caused the livestock to be delivered to the place of business of the corporation at Dixon, California, and that there defendants slaughtered and sold the same and Lewis appropriated and converted all sums of money received from the sale to his own use and benefit and still retains the same. The court further found in favor of plaintiff’s allegations of a conspiracy by defendants by finding that at and prior to December 2, 1948, Lewis, in conjunction and cooperation with the corporation, Katcher, Jr., and Katcher, Sr., corruptly and unlawfully contrived, conspired, combined and agreed with each other to perform said acts for the purpose of cheating and defrauding Machado, that the acts were the result of the conspiracy, and that thereby Machado was damaged in the sum of $4,163.82.

Judgment was entered in favor of Machado, against Katcher, Jr., and Max Lewis, and each of them, for $4,163.82, with interest and costs. Only Lewis has appealed from that judgment.

The undisputed facts are that Machado owned and operated a livestock auction yard at Los Banos where he conducted auction sales of livestock every Thursday. Katcher, Jr., and Katcher, Sr., are father and son. Katcher, Sr., and appellant Lewis had been friends for 35 years. On May 26, 1947, Lewis lent Katcher, Sr., $1,000. A few weeks thereafter the corporation was formed; and while Lewis denied any [3]connection with the corporation, Katcher, Jr., who was the secretary-treasurer thereof, testified that Lewis and George Lichenstein, his brother-in-law, were officers and shareholders. He also testified that Lewis was financing the corporation.