Van Horn v. Ricks Water Co.

Citations

• 115 Cal. 448
• 47 P. 361
• 1896 Cal. LEXIS 1031

Syllabus

<p>Reward—Arrest and Conviction of Offender—Defense—Agent Compensated for Detection and Report.—Where a reward was offered by a water company for the arrest and conviction of an offender who polluted the stream in violation of law, it is a defense to an action for the recovery of such reward, that plaintiff was employed by defendant as its agent for the purpose of preventing and reporting nuisances upon the stream to the company, for a compensation, and that he reported the offense for which the conviction was had to the company, and received compensation for his services in reporting the nuisance.</p> <p>Id.—Reward not Apportionable—Detection of Offender Included— Construction of Offer—Knowledge of Offer.—A reward for the arrest and conviction of an offender is not apportionable; and to entitle plaintiff to recover it, he must show that he is entitled to it, as well for the detection, as for the conviction of the offender, and, if he has received compensation for such detection, as agent of the defendant, he cannot recover the reward for the arrest and conviction; nor can an offer of reward be construed to apply to cases where all the information and means essential to a conviction are in the possession of the defendant, before the prosecution was commenced by the plaintiff, the plaintiff having full knowledge thereof before causing the arrest and conviction.</p>