Quinn v. Dresbach

Citations

• 75 Cal. 159
• 16 P. 762
• 1888 Cal. LEXIS 496

Syllabus

<p>Ostensible Agency. —Where a person is the agent of another in the commencement of a transaction, and such other is chargeable with knowledge that the first is continuing to act in the matter in some way, the inference which he ought to draw is that the person assuming to act as agent is continuing to act in the same capacity in which he commenced, and it is negligence not to repudiate the agency.</p> <p>Id. — Promissory Note — Payment. —Where the holder of a note, residing at a different place from the maker, employs an attorney at law, who resides in the same place as the maker, to collect the note; and an arrangement is effected by the attorney by which a new note is given for a larger amount, which note is deposited in a bank at the residence of the holder; and the maker in good faith pays most of the interest and a part of the principal to the attorney, who forwards the same to the bank, which credits them upon the note; and the last payment of the principal is embezzled by the attorney, he must be taken to be the ostensible agent of the owner of the note, and the loss must fall upon the latter.</p> <p>Id. —Collection by Owner of Note Debosited in Bank. —The owner of a note deposited in bank for collection may receive payment through another agent. The want of possession of the note, although a circumstance to be considered, is not conclusive.</p>