People v. Gordon

PRESTON, J.

This is an appeal by defendant from a judgment of conviction for the crime of embezzlement. Persuasive testimony offered by the prosecution in support of the charges filed against him showed the facts to be substantially as follows:

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In December, 1919, one James E. Fisher bought from Robert Marsh & Company of Los Angeles four $1,000 bonds. In October, 1921, he made an unsuccessful attempt to collect the amount due upon them. Immediately thereafter, answering an advertisement, he called at the office of a collection agency in San Diego, where he met one Hinckley, by whom he was introduced to defendant Gordon, an occupant of the same office, who handled the legal end of the business. It was thereupon agreed that these parties should endeavor to collect the amount due upon the bonds and that Fisher should pay court costs in any action brought against Marsh & Company, and also ten per cent of any sum recovered. A contract providing for said ten per cent fee was signed by said Fisher. About ten days later Fisher delivered the bonds to Hinckley and Gordon, accepting in return their receipt therefor. In all five bonds were so delivered, as Fisher had theretofore accepted an additional $500 bond from Marsh & Company in consideration of the dismissal of a prior suit against it and allowance to said company of an extension of time within which to pay the sum due.

About December, 1921, Fisher went to San Diego, where he and defendant signed a complaint prepared by defendant, as attorney, in an action filed by him in the superior court of San Diego County for the purpose of recovering upon said bonds as aforesaid. About this time Fisher paid defendant $100 on account for expenses of litigation. Thereafter, and upon motion of defendant, a change of venue was granted in said action to Los Angeles County, and on February 25, 1922, defendant furnished said Fisher with a letter of introduction to Mr. O. B. Willson of the law firm of Verge and Willson in Los Angeles. The letter requested that Willson do everything possible for Fisher looking toward a settlement of the matter, and added that, if it could not be settled, “Mr. Fisher will want you to assist me in the case.” At this time, also, defendant returned the bonds to Mr. Fisher, who in turn delivered them to said law firm of Verge and Willson. Thereafter, and about November, 1923, while the action was still pending, defendant, on behalf of said Fisher, but without his knowledge and consent, entered into an agreement with Marsh & Company for the settlement of said claim, which agreement he signed, “Joseph E. Fisher by M. M. Gordon, his attorney.”