Majority
p. 431[No. 7,242. In Bank.] Sept. 27, 1882. THOMAS UPTON v. DANIEL MEYER.
Headnote
Bill of Lading—Factor—Bailment—Conversion—Pledge—Draft—Trover—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 Fifteenth Judicial District of the State of California
p. 432
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 Lake and S. Rosenbaum, for Appellant.
For the argument of counsel for appellant, see appellant’s points and authorities in the case of Dodge v. Meyer, No. 7,241, supra.
E. S. Pillsbury, A. W. Thompson and Robert S. Wade, for Respondent.
For the argument of counsel for respondent, see respondent’s points and'authorities in the case of Dodge v. Meyer, No. 7,241, supra.
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.