Dickinson v. Owen

Citations

• 11 Cal. 71

Syllabus

<p>M, a marvied woman, had a sum of money left her by bequest during coverture; she and her husband joined in a power of attorney to O, authorizing him to demand and receipt for the money. 0 received the money under said power. Some time after the receipt of the money by 0, the husband of M died. M brought suit against 0 for the money; 0 set up as a defense: 1. That the money was collected for the husband, and a settlement and discharge since his death with his administrator. 2. Money advanced, from time to time, to the husband during his lifetime, with the knowledge of M. Reid, that the money was the separate property of M, and when 0 received it, ho received it as the trustee of M, and that it could not be charged with money advanced to the husband, nor could the settlement with the administrator have any effect on M’s rights.</p> <p>When a bailee disclaims his relation to the bailor he cannot claim the right to require a demand for the money before interest is charged against him.</p>