Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-27

Lee 1uuB, Lee ldl Ming, sun LCO
Yick, Lee Quon, Lee Yin Soon, Lee
Hang, Kong, Lee Chung, Lee Fun,
Lee Suey, Lee Lock, Lee Fow Ming,
Lee See, Lee Lung You, Lee Kee,
Lee How, Lee Sing Fay, Lee Tim
Ming, Lee Yuen Man, Lee Dix, All
Yick, Lee Sing Young and Lee Art,
partners doing business as Hung
Sun & Co., appellants, V. Cornelia
Burkhart, respondent. Appeal from
the circuit court of Multnomah coun-
ty. The Hon. Earl C. Bronough,
Judge. Argued and submitted May
90, 1911. Rufus Mallory, John NJ.
Gearin, (Dolph, Mallory. Simon &
Gearin, and w. ]. Makelim, in the
BRIEF, attorneys for plaintiffs, Will
liam NJ. Cake, (Cake & Cake on the
BRIEF, attorneys for respondent.
Bean, ]. Affirmed.
This is an action for the conver-
sion of certain merchandise. The
cause was tried by the lower court
without a jury, and from a judgment
in favor of defendant, plaintiffs ap-
peal.
The gist of the complaint is that on
July 81, 1907, the plaintiffs. under a
lease dated August 2, 1906, three
years of the term of which we're I'M
expired, were in possession of a'cer-
tain store building at No. 147, Second
street, Portland, Oregon, all rents
due thereon having been paid, that
they were carrying on a wholesale
and retail merchandise business at
such place, the good will of which
was of the value of $1,000; that de-
PENDANT, Cornelia Burkhardt, wrong
fully and unlawfully caused the en-
trance to plaintiffs store to be barri-
caded, p%recluding plaintiffs from
carrying on their business, and that
on or about August 9Th, through her
agents and servants, she wrongfully,
and unlawfully, and maliciously,
without the consent and against the
protest of plaintiffs, broke into the
said store building, and took possess
sion thereof, together with plaintiffs
personal property therein, particu-
larly described in the complaint.
That thereafter defendant did unlaw-
fully and wrongfully and maliciously
take and carry away and convert to
llOl ONh uDC oil VI odlu poi III
property, goods, wares and merchan-
disc II + + of the reasonable
value of $7O,419. 70, from the said
building, No. 147, Second street, and
from the possession of the plaintiffs,
and ever since has held and does still
hold and retain possession thereof
from the plaintiffs to their damages,
in the sum of $70.419.73."
AS a separate cause of action,
which has been abandoned, plaintiffs
allege in detail that defendant I'M
lawfully and wrongfully and malic-
iously caused the store room and
destroyed, to their damage in the
sum of $4,000.
Defendant, by her answer, denies
the material allegations of the COM
plant, as to the first cause of action,
and in answer to the second cause,
sets forth the acts of the officers of
the city, concerning the building, and
her connection Herewith, which are
denied by the reply.
From the findings of facts made by
the trial court, upon which plaintiffs
rely for judgment in their favor, II
appears that on August IA, 1907, the
plaintiffs were, and for many years
had been, partners, conducting a
Chinese mercantile business in the
brick building described; that, on ac-
count of the dangerous condition Of
the building, about July 27, 1907, the
Portland building inspector, acting
under a city ordinance, served notice
on the owner, defendant Cornelis
Burkhart, and the plaintiffs, to re.
move the same within five days. Nc
action was taken by the city council
condemning the building as unsafe OF
a nuisance, and the plaintiffs, the
owners and in possession Of goods
wares and merchandise in the build
ing of the total value Of 100000, chal
lenged the right of the inspector tt
make such an order, refusing to va
cate the building, or to remove theil
stock of merchandise therefrom
Subsequently defendant Burkhart re
quested them to remove their goods
. so that, in obedience to the motto,
> from the Inspector, the buildinl
. could be torn down, but they persist
: ed in their refusal so to do, and abou
y August IA defendant entered tn,
: store, or caused it to be entered, ant
= took into her possession, and out o
~ the possession of plaintiffs, the mer
chandise in question, and had tn
. whole transferred to the warehous
= of the Oregon Auto Despatch com
Z pany, where the defendant caused tn
same to be stored. Upon %receivin.
y the goods the Oregon Auto Despatc.
> company delivered to defendan
Burkhart it's warehouse receip
therefor, the substance of which i
as follows:
n Oregon Auto Despatch, Successor t
Is Wakeman & Morse Transfer Com
pny, Moving, Packing and ShiT
ping.
Duplicate.
= Warehouse 43 list.
. Portland, Ore, Aug. IA, 100
Received in store from Mrs. Coz
nelia Burkhart:
ACCT. Hung Shun Co.
"Pkgs. No. 1 to PIP Mats Rice,
"Pkgs. No. 1 to 634 Chinese Mdse
Store Fixts., &c.
"(Miscellaneous)
Cash 26.O6.
Received for the account Of Mr.
Cornelia Burkhart the goods enun
III aratad In tho ohova cohaduIa n