Tuite v. Wakelee

Decided July 1, 1862

California Supreme Court · decided 1862-07-01

Action to recover of Wakelee §1,360.34, money had and received by him to plaintiff’s use. The complaint avers, that on the sixth of November, 1855, the defendant received from the U. S. Branch Mint, at San Francisco, the sum of §1,360.34, the property of plaintiff, and received as such by defendant to plaintiff’s use, and to be paid on request; that afterwards, on the fifteenth of March, 1860, plaintiff demanded the money of defendant, who refused to pay.

Cited by 1 later decisions — most recently July 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-07-01

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Cope, J. delivered the opinion of the Court

¶1Field, C. J. concurring.

¶2We adhere to our former conclusion in this case. The evidence fails to disclose any authority on the part of either Wines & Co. or Rhodes & Co. to receive the money in question. It is clear, in fact, that no such authority existed, and that the engagement of *706these parties terminated upon the gold being deposited at the Mint in San Francisco. The terms of this engagement were known to the defendant; and in withdrawing the proceeds, he must have been aware that he was acting outside of the scope of his employment as agent. Of course, he could do for his principals nothing which they could not do for themselves; and in assuming to act for them in a matter to which he knew their authority did not extend, he incurred a personal liability from which he had no power to relieve himself.

¶3Judgment affirmed.