Wingard v. Banning

The plaintiff sues to recover certain machinery for a quartz mill, which he avers the defendant has converted to his own use. The machinery was originally the property of the Mitchell and Owens Mining Company, from which company the plaintiff deraigns his title through a judgment and execution against the company, a Sheriff’s sale to one Mitchell, and a conveyance from Mitchell to this plaintiff. The defendant is a common carrier, and, as such, contracted with the mining company to transport the machinery from *547San Francisco to Owensville, in Inyo County, which service he duly performed; but…