Oakland Bank of Sav. v. Wilcox
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Third District Court, County of’Alameda.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Third District Court, County of’Alameda. McKee, J. The instructions asked by the defendant and refused by the Court are as follows: 1. “This action is brought to recover the sum of four thousand five hundred seventy-three and thirty-five one hundredths dollars, on the ground that defendant, Wilcox, connived with one Charles W. Carter, and requested said Carter to draw checks on the plaintiff when he had no money on deposit with it, which checks the defendant, as President of the plaintiff, and with the…
1Opinion of the Court
Myrick, J.:
This is an action to recover four thousand five hundred and seventy-three dollars and thirty-five cents and interest, for the overdrafts of one Carter drawn upon the plaintiff. The complaint alleges that defendant was President of plaintiff, and as such its executive officer and general agent; that he and Carter were interested in carrying on a hotel, defendant being interested in the profits; that Carter was without means; that he had no money deposited with plaintiff, but, having occasion to use money in the business of the hotel, was induced by defendant to draw checks upon…
2Cases cited3 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Farmers' & Merchs.' Bank of L.A. v. DowneyCalifornia Supreme Court · 1879
- Eichelberger v. FinleyCourt of Appeals of Maryland · 1826
3Cited by8 opinions
- Cooper v. HillCourt of Appeals for the Eighth Circuit · 1899
- Winchester v. HowardCalifornia Supreme Court · 1902
- Thompson v. GreeleySupreme Court of Missouri · 1891
- Brown v. Farmers & Merchants National BankTexas Supreme Court · 1895
- People v. PughCalifornia Court of Appeal · 1970
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