Spitzer v. City of Oakland

Action for Monet Had and Received — Monet Obtained from “Bunco-” Sharp—Delivert to B'olice Department for Use as Evidence—Recovert bt Depositor—Evidence.—Where money is obtained from a “bunco” sharp under the pretense of co-operating with him in betting it on a horse-race, and instead of thus betting it, the money is turned over to a municipal police department for use as evidence in case arrests were made, the party delivering the money, after the purpose of such delivery has passed to the point of accomplishment, may maintain an action against the corporation for money had and received, upon showing that he was apparently in the sole and peaceable possession of it at the time of its delivery.

Id.—Doctrine of Action—When Inapplicable.—While the action for the recovery of money claimed to have been received for the use and benefit of another is in the nature of an equitable proceeding wherein the plaintiff must prove that he has a better title to the money received than the defendant has to it, the application of the principle does not extend to the case of a defendant who has and claims no title to the money except that derived from its receipt from the plaintiff, but who, nevertheless, seeks to retain it upon the plea that the plaintiff originally came into possession of the money through some unlawful transaction.

Id.—Right to Interest.—The plaintiff in such an action is entitled, under section 1917 of the Civil Code, to interest on the amount of the judgment.