Johnson v. All Night and Day Bank

Plaintiff being the owner of a one thousand five hundred dollar credit at a bank in South Dakota, drew a draft against that depositary and placed it with defendant for collection. At the time this draft was delivered to de* fendant bank a man named Dixon, a confidence operator who had chosen plaintiff as' a victim, was present, and it appears that the deposit slip issued by defendant as a receipt for the draft was made out in the name of Dixon and delivered to the latter. When the money was collected defendant paid it over to Dixon. Plaintiff later made demand that the one thousand five hundred dollars be paid to him, which the bank refused, and this action was then brought. On a former trial judgment was in favor of defendant. That judgment was reversed upon an appeal heard in this court. (See Johnson v. All Night and Day Bank, 17 Cal. App. 571 , [ 120 Pac. 432 ].) The case coming on for a new trial, plaintiff secured judgment. Defendant’s motion for a new trial was denied and this appeal, taken from that order and from the judgment, followed.

The evidence heard at the second trial differed not at all in substance from that presented at the first hearing. It was the contention…