Shafer v. Lacy

Citations

• 121 Cal. 574
• 54 P. 72
• 1898 Cal. LEXIS 955

Syllabus

<p>Pledge oe Goods by Bailee—Conversion.—Personal property intrusted to a bailee for safekeeping only, without any other indickm of ownership than the mere possession of it, cannot be pledged by the bailee; and the refusal of the pledgee to deliver the property to the rightful owner upon demand is a conversion thereof, for which an action of trover may be maintained by the owner to recover its value from the pledgee.</p> <p>Id.—Protection oe Pledgee—Construction of Code—Limitation to Purpose oe Transfer.—In section 2991 of the Civil Code which protects a pledgee of one who has been allowed by the owner to assume the “apparent ownership” of personal property, “for the purpose of making a transfer of it,” the words expressive of such purpose are words of limitation upon the power of the apparent owner to make the pledge; and that section has no application, where no apparent ownership is conferred for the purpose of sale or transfer, but the property is merely intrusted to another for safekeeping.</p> <p>Change of Judgment—Erroneous Conclusions of Law—Amendment— Appeal.—Under section 663 of the Code of Civil Procedure, as established by the act of March 3, 1897, the superior court should vacate the judgment upon motion, when the conclusions of law are incorrect or erroneous, and not consistent with the findings of fact, and should enter up a different judgment sustained by the findings of fact, and should amend the conclusions of law accordingly; and when such motion is denied, the superior court may be directed to do so upon appeal.</p>