Opinion

Couture v. Ocean Park Bank

  • 205 Cal. 338
  • 270 P. 943
  • 61 A.L.R. 267
  • 1928 Cal. LEXIS 532
Court
California Supreme Court
Filed
Oct 1, 1928
Status
Published
Author
Waste
On the bench
Waste, Curtis
Cited by
6 cases

The opinion

*345

WASTE, C. J., Concurring.

I concur in the judgment of reversal upon the ground last stated in the majority opinion. By drawing the checks in the manner in which they did, and placing them in the possession of J. B. Tailer, the respondents put it within his power to mislead the bank into paying the money to him, and they should therefore suffer for his wrongful act.

I am not sufficiently convinced as to the treatment of the first point in the opinion, which, in effect, holds that the cheeks can be legally construed as authorizing Tailer to receive the amount named from the bank, to agree with the conclusion therein stated, for which reason I express no opinion on that matter.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.