People v. Wilde

BARNARD, P. J. The defendant was charged with grand theft on the theory that he had embezzled certain sums of money belonging to one Michael J. White.

Prior to 1929, the defendant, who is a lawyer, had acted as attorney for White in the probating of his wife’s estate, and had also assisted him in obtaining a pension based upon his services in the Spanish American War. It appears without dispute that over a period of nearly ten years, beginning in 1929, White turned over to the defendant various [484]sums of money for investment purposes. In May, 1939, White wrote to the defendant saying he was about to retire and asking him where his money was invested. The defendant replied telling him that his money was invested in four certain parcels of real property which stood in White's name, asking him whether he would himself look after these properties or whether he desired defendant to continue doing so, and offering to furnish information about names of tenants, amounts of rentals, taxes, water bills, etc. White replied asking the defendant to continue paying the water bills and collecting rents for the following month. During the next month, at his request, the defendant furnished White with itemized lists of all amounts which he had received from him or for him.

On August 8, 1939, an attorney retained by White called the defendant on the telephone and made a “flat demand” for the return of White’s money, which he estimated at $10,000. The defendant told this attorney that he did not have the money, that White’s money was invested in these four parcels of real property, and that these stood in White’s name, but offered to sell the properties and obtain the money if given time in which to do it. On August 9, 1939, the defendant delivered to this attorney deeds to the four parcels of real property which then stood in the name of White. At that time the attorney told the defendant that they wanted the cash, that he knew the defendant did not intend to pay, and that if he did not immediately pay over the amount due in cash he was going to have him indicted, prefer charges against him before the Bar Association, and sue him.

On August 12, 1939, this attorney brought an action against the defendant and his wife, attaching all properties standing in their names, including their bank account. On August 26, 1939, this criminal action was brought charging the defendant with six counts of grand theft, each count charging that on August 8, 1939, the defendant unlawfully and fraudulently appropriated for his own use, and not in the due and lawful execution of his trust, a certain sum of money, the property of Michael J. White. Thereafter, some time in October, 1939, the parties entered into a settlement agreement pursuant to which White conveyed the four parcels of real property to the defendant’s wife and the defendant paid to White $12,000 which White admitted to be the full amount due him, with interest.