Majority
p. 431[No. 7,229. In Bank.] Sept. 27, 1882. S. G. McMAHAN v. DANIEL MEYER et al.
Headnote
Biel of Lading—Factor—Bailment—Conversion—Pledge—Draft—Troft ver—Defense by Bailee.—The case of J. II. Dodge v. Daniel Meyer, No. 7,241, decided Sept. 27, 1882, followed. (See supra.)Appeal by defendant from a judgment in the District Court of the Fourth Judicial District of the State of California in and for the City and County of San Francisco, and from an order of the Superior Court of the same City and County denying a motion for a new trial. Evans, J.
Action in the nature of trover for the conversion of wheat.
Delos LaJce and S. Rosenbaum, for Appellants.
For appellant’s argument, see points and authorities of appellant in the case of Dodge v. Meyer, No. 7,241, supra.
Wilson & Wilson, J. H. McKune, and S. M. Wilson, for Respondent.
This cause is in all material points similar to Dodge v. Meyer, No. 7,241, supra. And on the authority of that case the judgment and order are affirmed, as of July 1, 1882.
McKee, J., dissented.