Tyler v. Lindell Trust Co.

MATTHES, Judge.

Plaintiff, appellant, instituted this action to recover $3,500 from defendant, respondent. Plaintiff’s theory is that currency in that amount belonging to him was in a safe deposit box which he had rented from defendant, and that between October 29, 1945, and November 2, 1945, the defendant wrongfully, and without his knowledge or consent, permitted the removal of all of said currency from the box. The trial resulted in a verdict for defendant, and following judgment entered thereon, plaintiff has appealed to this court. We shall refer to. plaintiff, appellant, as plaintiff,…