Thorp v. People

Defendant was employed by the company from January, 1933, to August, 1940, when she was dismissed. The company was a small concern and it was defendants duty to take care of the office, keep the books, make bank deposits, and sell office equipment when no other salesperson was present to do the latter. The manager of the company was C. L. Patterson who spent only about half of his time in the office, the remainder being devoted to sales promotion outside of the office. Shortly before defendants dismissal, Patterson became suspicious of shortages, because, while the company was doing a fairly good business the books showed a loss. He thereupon made inquiry of certain customers and found that payments made by them to the company had been diverted by defendant to her personal account in the Colorado National Bank. As to the specific charge, viz., the embezzlement of the $73.87, the testimony shows that one Coles had purchased equipment to the extent of about $250, in part payment of which he gave defendant a check in the sum of $73.87 -- made out to cash at her request -- on October 11, 1939; that she immediately endorsed and deposited the same to her individual account in the Colorado National Bank, subject to her exclusive right to draw checks thereon. Her explanation of this on the witness stand was that Patterson had told her that Coles was a poor risk and that she should not accept any of his checks to the company in payment of his account; that personally she trusted Coles and therefore took his checks, and as soon as they cleared obtained the amounts in cash and gave it to Patterson, all of which was emphatically denied by Patterson.