State v. Perkins

Citations

• 112 Kan. 458
• 211 P. 139
• 1922 Kan. LEXIS 468

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Embezzlement — Money Collected by Agent on Principal’s Mortgage. A record mortgagee who has sold and assigned a real-estate note and mortgage to a purchaser is liable to prosecution and punishment as an embezzler if he receives payment from the mortgagor and discharges the mortgage of record and converts the money so received to his own use without the consent of the assignee.</p> <p>2. Same — Agency—Estopped to Deny Agency. One who assumes and exercises the function of a collection agent for another cannot be heard to deny his agency, and he may be punished as an embezzler if he converts the money so received to his own use without the consent of its owner — following The State v. Spaulding, 24 Kan. (Dass. Ed.) syl. ¶ 4.</p> <p>3. Same — Evidence—Question oj Fact for Jury. Under the evidence adduced, the question whether defendant had embezzled or merely borrowed the money of the prosecuting witness was for the jury to decide.</p> <p>4. Same — No Defense to Charge of Embezzlement. The fact that the mortgagor paid the money to defendant as record mortgagee did not under the circumstances relieve the defendant of the consequences of his wrongful conversion of it.</p> <p>5. Same — Embezzlement by a Partnership — Embezzlement by Each Partner Thereof. A member of a partnership who wrongfully converts the money, of his principal to the uses of the partnership converts it to his own use within the meaning of section 134 of the crimes act.</p> <p>6. Same — Evidence of Other Similar Crimes. In a prosecution for embezzlement, evidence of other similar crimes is competent to prove intent.</p> <p>7. Same — Rulings on Evidence. Certain testimony of defendant which was stricken out examined, and held, not prejudicial, and held, also, that the testimony was properly subject to the particular objection lodged against it.</p> <p>8. Same — Instructions. Instructions examined and no error discerned therein.</p>