Wells Fargo & Co. v. Robinson

Full title: WELLS, FARGO&CO. v. ROBINSON, Administrator of FRIERSON

Court: Supreme Court of California

Date published: Apr 1, 1859

13 Cal. 134 (Cal. 1859)

Opinion

13 Cal. 134 WELLS, FARGO & CO. v. ROBINSON, Administrator of FRIERSON Supreme Court of California April, 1859

[Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]          13 Cal. 134 at 144.

         Original Opinion of April 1859, Reported at: 13 Cal. 134.

         JUDGES: On a petition for rehearing, the following opinion was delivered by Baldwin, J. Terry, C. J. concurring.

         OPINION

          BALDWIN, Judge

         On a petition for rehearing, the following opinion was delivered by Baldwin, J.--Terry, C. J. concurring.

         We deny the petition for a rehearing. Robinson, the Administrator, having taken the credits which came to his hands as Administrator, and which he had reason to believe to be assets of the estate, and with the assent of the agent of Wells, Fargo & Co. turned them into these bonds, is entitled to his commissions allowed by law in such cases--just as if these credits had been in the form of promissory notes payable to Frierson, and the Administrator had collected the money and deposited it. The law forced him to hold, protect, and guard the fund until the right to it was determined, and it is just and legal for him to charge for his services what the law allows him to charge for collecting and disbursing other assets. The judgment of this Court will be modified accordingly.