Burke v. Mission Bay Yacht Sales

COUGHLIN, J,

This is an action to recover the proceeds of a $10,000 bank cashier’s check issued at the request of the plaintiff, the respondent herein; made payable to the defendant Mission Bay Yacht Sales, a partnership, one of the appellants herein; allegedly was caused to be issued and paid for by the plaintiff in reliance upon the false representations of a man named Cowan; and, thereafter, allegedly received and cashed, by the payee in bad faith.

On April 5, 1960, Cowan and the plaintiff were parties to a marriage ceremony in Mexico and thereafter lived as husband and wife. Ten days later…