Doyle v. Callaghan

Citations

• 67 Cal. 154
• 7 P. 418
• 1885 Cal. LEXIS 585

Syllabus

<p>Convebsion — Demand — Pleading — Belease — Deceit — Statute of Limitations.—The complaint alleged that- one 0 being the owner of certain stocks, deposited them with the defendants for safe-keeping, and authorized them to receive the dividends and pay the assessments thereon. Afterwards he demanded the stocks and the defendants refused to deliver them to him. After that he was induced by their false and fraudulent representations to execute and deliver to them a release of all his claims and demands against them. Subsequently he assigned the stocks and all his claims and demands against the defendants growing out of the fraud to the plaintiff, who thereupon demanded of the defendants the delivery of the stocks to him. Held, that the refusal of the defendants to deliver the stocks to 0 on his demand constituted a conversion, that the cause of ' action stated in the complaint was founded upon such conversion, and not upon the deceit of the defendants in procuring the release, and that the Statute of Limitations commenced to run from the time of the conversion.</p>