People v. Wiman (148 N.Y. 29, 1895)

Per Curiam.

It appears that Robert Gr. Dun, Arthur J. King, Robert D. Douglass and the defendant, Erastus M iman, were associated together in business, carrying on mercantile agencies under the names of R. G. Dun & Co., and Dun, Miman & Go., in various cities of the United States and Canada. Miman was the principal business manager, and had the power to sign the company’s name to checks that were necessary to be drawn in the conduct of the business. On the 6th day of February, 1893, the company was owing one E. M. Bnllinger the sum of about §15,000, and on that day the defendant directed a clerk in the company’s office to draw a check to the order of Bullinger for §5,000, upon the Chemical Yational Bank, to be paid to Bullinger.on account of the money owing to him. A check was accordingly filled out by the clerk, and that amount charged to the account of Bullinger on the books of the company. The defendant took the check, signed the company’s name thereto, and on the same day, without the knowledge or consent of Bnllinger, indorsed Bullinger’s name on the back of the check, and then, after indorsing his own name thereon, deposited it to his own credit in the Central Yational Bank. The check was subsequently presented to the Chemical Yational Bank an