Visher v. Smith

Fitzgerald, C.

The complaint in this action substantially alleges that the defendants were, at the times named therein, engaged as copartners in the business of warehousemen, and, as such, doing a general storage business; that “ prior to the third day of July, 1888,” plaintiff delivered to the defendants for storage, and stored with them, 1,040 sacks of barley, in consideration and acknowledgment of which the defendants then and there executed to plaintiff a receipt and contract in the words and figures following, to wit: —

“No. 36. Stockton, Cal., July 3, 1888.

“ Received on storage in Bagg’s…