Rhodes v. Hinckley

Citations

• 6 Cal. 283
• 1856 Cal. LEXIS 126

Syllabus

<p>Where the defendant, being indebted to the plaintiff, a banking firm, made a payment on account in the bank, to one of the pilaintiff's clerks, and on a subsequent day agreed to lend to the clerk the amount thus paid, who took the money and used it, and the amount thus paid was never credited to the defendant on the books of the plaintiff: Held, that the amount paid by defendant, in the usual way of business, was a legal payment, and that defendant lost all control over it.</p> <p>If defendant is ultimately liable for the amount thus advanced to the clerk, it must be in an action for thus advancing it, and not in an action on the original indebtedness.</p>