People v. Weiss

FOX, J.

Defendant was convicted of issuing a check without sufficient funds, in violation of Penal Code, section 476a. He appeals from the ensuing judgment and order denying his motion for a new trial.

[489]

Defendant was general manager of the Summit Furniture Manufacturing Company, a copartnership comprised of the four Rogal sisters. Elizabeth was the active partner of the firm. The company was engaged in assembling bedroom suites, of which there were a number in stock in the process of completion. When defendant was made general manager he was placed in charge of the company’s entire operations. At about 4 o ’clock in the afternoon on March 31, 1952, defendant telephoned the W. E. Cooper Lumber Company seeking to open an account for the furniture company and stated that he wanted to purchase for the company 2,000 feet of Ponderosa pine. He was advised that it was too late to open an account because his references could not be checked. Defendant then stated that he had already dispatched the truck to the lumber company hence could not send a check along with the driver. He suggested, however, that someone from the lumber company could come by and pick up the check. Based on this arrangement, the order was filled and Mr. Rene, assistant manager of the lumber company, was handed a check by the defendant in the sum of $180 in payment for the lumber. This check was signed by defendant, who was authorized to sign for the furniture company, and was drawn on the Vermont and Hollywood branch of the Security-First National Bank of Los Angeles. That account, however, had been closed on March 5th by the bank’s applying the balance of $11.34 to an overdraft and then ordering the account closed. The account was not thereafter opened and no arrangements were made for credit. Accordingly, the check was not paid and is the basis of this prosecution.

During the latter part of March the furniture company was in a precarious financial condition; defendant was aware of that fact. The company actually went into bankruptcy on April 14th. Sometime during the period between March 23d and March 31st Miss Rogal instructed defendant not to make out any more checks. Defendant, however, instructed Miss Rogal to make out the payroll checks for April 2d. She did this upon his promise that he would not sign them.

Defendant testified he had nothing to do with the company’s books or finances. He denied having any intent to cheat or defraud when he ordered the lumber from the lumber company and gave the check of March 31st in payment. He also denied the conversation testified to by Miss Rogal concerning the payroll checks, and that he had been told, in