# Couture v. Ocean Park Bank

> California Supreme Court · October 1, 1928 · 205 Cal. 338

URL: https://www.frixlaw.com/law-library/cases/3299700

## Case

- **Full name:** EMILE J. COUTURE Et Al., Respondents, v. OCEAN PARK BANK (A Corporation), Appellant
- **Court:** California Supreme Court
- **Decided:** October 1, 1928
- **Citations:** 205 Cal. 338; 270 P. 943; 61 A.L.R. 267; 1928 Cal. LEXIS 532
- **Precedential status:** Published
- **Opinion:** Concurrence by Waste
- **Judges:** Waste, Curtis
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3299700

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3299700. Public record. Not legal advice.