People v. Gorham

[342]

SHAW, J.

As disclosed by the record, defendant negotiated for the purchase of a piano from the Wiley B. Allen Company at an agreed price of $350. In payment therefor she gave to the salesman an instrument which purported to be signed by Mrs. S. M. Dimmick, whom she represented to be her sister, and for whom she was purchasing the piano. This check when handed to the salesman was in the following form:

“Los Angeles, Cal., ...March 10,.... 190.8.. No.. .9..

“The Farmers and Merchants National Bank of Los Angeles. Pay to

......................................or order $..400..

................Four Hundred..................Dollars.

........Mrs. S. M. Dimmick........”

As a reason for presenting the check for a sum in excess of the required amount and with the name of the payee left blank, she stated that her sister was ill, and had given her the check, not knowing from whom nor at what price she would make the purchase, but limiting the price to not exceeding $400. Defendant was requested to fill in the blank space with the name of the payee, but declined to do so, saying it was customary to stamp that in. The salesman took the check to the office on the same floor, where the manager stamped the name of the Wiley B. Allen Company in the space left blank for the name of the payee. Upon inquiry made at the bank, during which time defendant was detained at the store, it was ascertained that the check was fraudulent, both as to the signature and absence of money deposited in the bank to account of Mrs. Dimmick. The manager then presented the check, with the name of the payee stamped therein, to defendant, who, holding one end of it while he retained the other, was asked if it was not possible that a mistake had been made, and she said that the check was good. She was then placed under arrest, and stated that she had found the check and that her name was not Martin, as she had represented, but Gorham. The piano was not delivered, nor was any money paid to defendant on said check.

The cheek, as alleged in the information, and which defendant is charged with uttering, publishing and passing, and that was offered in evidence in support of said allegation, had