
    Yone Suzuki et al., Copartners under the Name of Suzuki & Company, Respondents, v. Frederick B. Small, as President of the American Express Company, Appellant.
    (Argued June 2, 1926;
    decided September 28, 1926.)
    
      Conversion — carriers — action to recover for conversion of steel plates, mistaken by defendant for some missing from another consignment, and shipped to third party.
    
    
      Suzuki v. Small, 214 App. Div. 541, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1925, unanimously affirming a judgment.in favor of plaintiffs entered upon a verdict directed by the court. The action was to recover for the alleged conversion of steel plates. Plaintiff had purchased the steel and had it shipped to Seattle destined for Japan. While in storage in the railroad yards defendant’s agent, mistaking the steel for some missing from another consignment, caused it to be reloaded and shipped as part of said consignment to a third party, whereby it was lost to plaintiff.
    
      Judgment affirmed, with costs;
    
      John G. Milburn, Jr., for appellant.
    
      John W. Crandall and Leavitt J. Hunt for respondents.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  