Tuite v. Wakelee
California Supreme Court
Appeal from the Fourth District. Action to recover of Wakelee §1,360.34, money had and received by him to plaintiff’s use.
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Appeal from the Fourth District. Action to recover of Wakelee §1,360.34, money had and received by him to plaintiff’s use. The complaint avers, that on the sixth of November, 1855, the defendant received from the U. S. Branch Mint, at San Francisco, the sum of §1,360.34, the property of plaintiff, and received as such by defendant to plaintiff’s use, and to be paid on request; that afterwards, on the fifteenth of March, 1860, plaintiff demanded the money of defendant, who refused to pay. There are two separate defenses set up by the answer. The first is a denial that on the sixth day of…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
We adhere to our former conclusion in this case. The evidence fails to disclose any authority on the part of either Wines & Co. or Rhodes & Co. to receive the money in question. It is clear, in fact, that no such authority existed, and that the engagement of *706these parties terminated upon the gold being deposited at the Mint in San Francisco. The terms of this engagement were known to the defendant; and in withdrawing the proceeds, he must have been aware that he was acting outside of the scope of his employment as agent. Of course, he could do for his principals…
2Cited by1 opinion
- Babcock v. BriggsCalifornia Supreme Court · 1877