People v. McAffery

LILLIE, J. Defendant was charged with three counts of forgery of endorsement (Pen. Code, § 470) and one count of grand theft (Pen. Code, § 487.1). In a nonjury trial she was adjudged guilty of all four offenses. This appeal is from the order denying a new trial and from the judgment of conviction which, in the present state of the record, we construe to be from the order granting probation (People v. Reed, 128 Cal.App.2d 499, 502 [275 P.2d 633]).

During the years 1957 and 1958 defendant was employed by Leslie C. Grant, a Pasadena physician, as an office nurse and secretary. Prior to June 20, 1958, a Mrs. Gallagher was treated by Dr. Grant; in part payment of her account she mailed his office a money order for $200 which she had purchased from a Los Angeles branch of the Bank of America. On or about May 19, 1958, Mrs. Gallagher paid an additional $275, this time in cash, which she gave to the defendant and from whom she received a receipt, dated May 19, 1958, signed by defendant on Dr. Grant’s printed office stationery (Exhibit 2). This form of receipt was given only to insurance companies requesting a complete itemization of services rendered; otherwise, the patient received a receipt from a book provided for that purpose, the originals of which (six to each sheet and numbered) were perforated and torn out individually, the [489]carbon or copy in each case being retained for office records. The money order mailed by Mrs. Gallagher was payable to Dr. Grant’s order. On June 23, 1958, it was cashed by defendant at a Pasadena bank where Dr. Grant did not have an account; he had not previously given defendant (or anyone else) authority to endorse his name thereon, nor did he know of the instrument’s existence until after defendant had left his employ. Eventually the paying bank reimbursed him in full, although no restitution of any kind was made by defendant.

Count II pertained to the forgery of a draft issued by Equitable Life Assurance Society for $100 and payable to Dr. Grant for services rendered an employee of Fluor Corporation, Ltd., insured by Equitable. As in the case of the previous transaction, Dr. Grant did not in fact endorse the instrument, nor was anyone given authority to do so; he never received the money represented by the check or draft and he knew nothing of its existence until after its encashment.

Count III involved a check for $125 to Dr. Grant’s order and drawn by Aetna Life Insurance Company under a group policy with Avon Company for services rendered Ruth Lile, Avon’s employee. It likewise bore Dr. Grant’s purported endorsement and was cashed by defendant at a Pasadena bank. No one had authority to endorse the check for Dr. Grant and he knew nothing about the transaction until after the check had been cashed; nor did the defendant give him any of the proceeds therefrom.