State v. Reddick

Citations

• 2 S.D. 124
• 48 N.W. 846
• 1891 S.D. LEXIS 13

Syllabus

<p>1. Under the general Criminal Code defining embezzlement as a criminal offense, the misappropriation of partnership funds by one of the general partners, with felonious intent, does not constitute embezzlement.</p> <p>2. Under such general statute the subject of embezzlement must be the property of another, and the partnership property cannot be said, with reference to either partner, to be the property of another.</p> <p>3. Section 4036, Comp. Laws, declares that partners are trustees for each other. Section 3195 further defines who are trustees. Section 6799 provides when a trustee is guilty of embezzlment, but these sections do not have the effect to change the rule first announced.</p> <p>4. The partnership is the owner of the property alleg'ed to be embezzled, and these sections do not assume to make the partners .trustees for the partnership, but for each other.</p> <p>(Syllabus by the court.</p>