McCreery v. Wells

Citations

• 94 Cal. 485
• 29 P. 877
• 1892 Cal. LEXIS 712

Syllabus

<p>Money Had and Received — Investment with Plaintiff’s Consent— Violation of Trust.—Where the evidence shows without conflict that the defendant received authority from the plaintiff’s father to invest in a cheap land pool a certain sum which the father had of the son’s money, in regard to which pool the plaintiff’s father had been advised by a letter from the defendant, and that the plaintiff acquiesced in the investment made, the plaintiff cannot maintain an action for money had and received for the recovery of the money invested, but can only claim his proportionate share of the property purchased, although it was turned over by the defendant and another trustee to a corporation without plaintiff’s consent, and in violation of their trust.</p> <p>Id.—Finding against Evidence — Receipt of Money — Harmless Error. — A finding that the defendant did not receive plaintiff’s money, though contrary to the evidence, is harmless, where it appears that if the fact had been found the other way, still plaintiff could not recover.</p>