What is the burden of proving that an agent has paid or disposed of a loan in accordance with common law?
California, United States of America
The following excerpt is from Panich v. Portney, B267586 (Cal. App. 2016):
In line with these principles, common law recognizes that an agent has the burden of proving "'that he paid to the principal or otherwise properly disposed of the money . . . he is proved to have received for the principal.' [Citations.]" (Kennard v. Glick (1960) 183 Cal.App.2d 246, 251 (Kennard).)
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B. No Waiver.
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