Jackson v. First National Bank of El Centro

This is an appeal from a judgment in favor of the defendant rendered by a jury in accordance with the instructions of the trial judge. As is stated in appellant’s-brief, the action “was brought by the plaintiff to recover from the bank, defendant, the sum of $1500 on the theory that the hank as agent of the plaintiff, took advantage of its position as agent and used the plaintiff’s property for its own benefit, and the plaintiff was thereby damaged in that amount.”

It appears that plaintiff was the owner of some land which she had leased to some Japanese for a- cash rental. Thereafter plaintiff desired to leave the state of California to he gone for several months, and during such absence she wished to have her rents collected by the defendant. With reference to her negotiations and conversation with one of the officers of the defendant bank, she testified, in part:

On cross-examination plaintiff stated that her tenants were present when she had the conversation with the officer of the defendant bank. She further testified:

It is further disclosed by the evidence that the rent on plaintiff’s property became due on October 10th; that some time in the month of August the tenants…