Wittenbrock v. Parker

Citations

• 102 Cal. 93
• 24 L.R.A. 197
• 36 P. 374
• 1894 Cal. LEXIS 603

Syllabus

<p>Constructive Notice—Partnership—Attorneys at Law.—Where two attorneys are engaged as copartners in the practice of law, the knowledge acquired by one member of the firm, obtained while transacting such business and relating thereto, is constructive notice to the firm.</p> <p>Id.—Agency of Attorneys—Notice to Joint Agents.—An attorney is an agent for his client within the scope of his employment, and two or more attorneys practising together as copartners are joint agents as to the business transacted for their clients as such copartners, and actual notice to one of two or more such joint agents is constructive notice to all.</p> <p>Id.—Effect of Constructive Notice to Joint Agent—New Principal Not Bound.—Where one of a firm of attorneys or joint agents is merely chargeable with constructive notice of a transaction had with his co-partner or co-agent, but has no actual knowledge thereof, a new client or principal who employs him specially for the transaction of other business is not bound by such constructive notice.</p> <p>Id.—Notice to Agent, When Notice to Principal.-—Notice to an agent in order to be notice to his principal must be given to him while acting in the course of his employment, or at least must he present to his mind at the time he is acting as such agent, and be of such character as it is his duty to communicate to his principal.</p> <p>Id.—Mistake of One Partner in Release of Mortgage—Search of Title by Copartner for New Mortgage.—Where one of a firm of attorneys made a mistake in the satisfaction of a prior mortgage, which mistake was wholly unknown to his copartner, who subsequently at the request of another client examined and reported upon the title, and prepared notes and mortgages for him upon the same land, upon which money was advanced without actual knowledge of the rights of the prior mortgagee, the subsequent mortgagee is not chargeable with constructive notice of the mistake in the release and satisfaction of the prior mortgage.</p> <