Bierce v. Red Bluff Hotel Co.

Citations

• 31 Cal. 160

Syllabus

<p>Notice to Agent is Notice to Principal.—Notice to an agent of facts arising from or connected with the subject matter of the agency is constructive notice to the principal, where the notice comes to the agent while he is acting for the principal and in the course of the very transaction.</p> <p>Notice to Attorney at Law is Notice to Client.—It is the duty of an attorney at law to communicate to his client whatever information he acquires in relation to the subject matter of the suit, and he will be presumed to have performed his duty in that respect, and notice to him is constructive notice to his client.</p> <p>When Notice to Attorney is Notice to Client.—Ü^ie plaintiff sued to recover a debt, and garnisheed a supposed creditor of the defendant. After the service of the garnishment, plaintiff’s attorney was informed that before its service, the defendant had transferred the debt garnisheed to a third party. Meld, that this notice to the attorney was constructive notice to the principal.</p> <p>Amendment of ¡Findings.—Query?—Can the Court, on the argument of a motion for new trial, amend its findings filed when judgment was rendered ?</p>