Davidson v. Dallas

Citations

• 8 Cal. 227

Syllabus

<p>Where the agent, on behalf of his principal, performs an unauthorized act—yet if the principal has put the agent in a position to mislead innocent parties, he is responsible to them.</p> <p>And a subsequent general power from the principal to the agent, to sue for all sums due the principal, and to execute all instruments necessary to carry the power into full effect, will, as to innocent third parties, bind the principal for obligations incurred in the collection of a loan, which was unauthorized as between the principal and agent.</p> <p>An indemnity bond to the sheriff to retain property seized under attachment, is an instrument necessary to carry the power to sue into effect.</p> <p>A ratification*of the unauthorized acts of an agent, can only operate after full knowledge of those acts.</p> <p>Where property was seized under two attachments, and the property was claimed by a third party, whereupon both attaching-creditors indemnified the sheriff, who went on and sold it, and paid the proceeds to the first attaching creditor, the amount not equaling his judgment—and afterwards, the party claiming the property, obtained judgment against the sheriff for the value of the property : Held, that the recourse must be had against the first attaching-creditor, for whose benefit the property was sold.</p> <p>In such case, the attaching-creditors do not stand in the position of joint trespassers, the seizure of the second being subject to the first.</p> <p>The sheriff was the separate agent of both attaching-creditors, but in the order stated, and as he disposed of the property to the benefit of the first alone, he must look to him, and not the second attaching-creditor.</p> <p>A judgment-record is only conclusive between the parties and their privies, except in some cases for specific purposes.</p> <p>When a judgment-record is used in evidence, it can only be considered as conclusive evidence, where its operation is mutual, and concludes both parties.</p> <p>Where prope