Wells, Fargo & Co. v. Robinson

Citations

• 13 Cal. 133

Syllabus

<p>If a Confidential Agent, trusted by a principal with money used in trade, appropriates the money to the purchase of property for his own use and benefit, and the property can be identified as that so bought, the Agent will be held as Trustee for the owner of the money.</p> <p>A suit at law to recover judgment against an Administrator for money embezzled by his intestate, pending which, a bill in equity was filed to recover the property bought with the money, and prosecuted to a decree after judgment was taken at law for the amount, evidences no such distinct and deliberate choice to take the general claim on the estate for money, in lieu of the claim on this property, as to bar plaintiff from prosecuting Ms equitable claim.</p> <p>The doctrine of election is applicable only when the party is cognizant of all the facts, and then makes a free and deliberate choice.</p> <p>Under our system, a judgment against an Administrator is little, if any, better than an allowance by him, and approval by the Probate Judge.</p> <p>An Administrator being compelled by law to hold, protect, and guard, funds coming into his hands, which he has reason to believe to be assets of the estate, until the right to the funds can be determined, is entitled to his commissions thereon.</p>