Jordan v. Coulter

The opinion of the court was delivered by

Hadley, J.

This action was brought by respondent against appellants to recover the value of 325 ounces of gold dust, alleged to be of the value of $5,000. It is alleged that the gold dust was received by appellants for safe keeping, to be delivered to respondent, and' that appellants so promised to deliver it, but have failed and refused to do so, and have converted the whole of it to their own use. Appellants deny the allegations of the complaint, and further allege by way of cross-complaint, *118among other things, substantially as follows: That on the…