McKinley v. State, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: PER CURIAM. —
Attorneys: Thomas E. Walker, for Plaintiff in Error;
Cary D. Landis, Atty. General, Roy Campbell, Assistant, for Defendant in Error.
Filed: Jul. 29, 1931
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error, whom we will hereafter refer to as defendant, was indicted for embezzlement of the sum of $245.00, the property of one James Daniel. The indictment charged that this sum of money was delivered by the said James Daniel to the defendant on November 11, 1928, the defendant being then and there the agent of the said Daniel. The case came on for trial and the jury found the defendant guilty of embezzlement of more than $50.00. Motion for new trial was denied and defendant sued out
Summary: Plaintiff in error, whom we will hereafter refer to as defendant, was indicted for embezzlement of the sum of $245.00, the property of one James Daniel. The indictment charged that this sum of money was delivered by the said James Daniel to the defendant on November 11, 1928, the defendant being then and there the agent of the said Daniel. The case came on for trial and the jury found the defendant guilty of embezzlement of more than $50.00. Motion for new trial was denied and defendant sued out ..
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Question involved: When A employs B to secure a loan of money from C the arrangement being that A delivers security to B who pledges it with C, B delivers this money to A taking out fee for services. B to return security to A when latter pays debt to C through B. Is this latter A's creditor?
Court answered in negative, holding B, A's agent.
Source: CourtListener
