The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-07-20
Grsseenl lsOat anD Nab lprinttna epfHee.
SATURDAY MORNING, july 20, 1850.

IMPORTANT DEcIsIoN- The STATE vs. Z. B.
Dyake.-The First District Court was engaged
for the greater part Of yesterday in the trial Of this
cause. The information was based on the aot of
1S4j, furnishing embezzement by agents and
making them eriminay responsible for the wrong
fu use and conversion oil the property of their prn
cipals The first section of the law is as follows:
AN Aor to provide for ihe prosecution and punishment of
SECT l. Be = ENACTED 6g the Senate and House of Rep
reseatatiges Of re State Of Leusiqga General 3ssea-
gnee, attorney, mandatory, depositary common carrier
uuSat ea,St ,esianeniary executor, administrator
ecuye or judicial authority OF this State or in the service OF
pse dispose q, conceal Otherwise eibezzie any money
o, no cheeks order draft, bond receipt bill Of adng
I or ior n principal Of baor, by virtue OF his
10 b ,t o. or which shall have been entrusted
or baor Or by corporation company said ser
common o ese SSs es ssi% saSto
iary executor administrators tutor her person per
embezzemen having aided Or abetted n he cons
nsr he sr b1 ., p p s n inertia before Or
term mt exceeding seven years. nor les than year
The complainant testified that he placed a lot
OF furniture IN the auction store of the defendant
who sold at various times eighty dollars worth .
that he bought at the sales of defendant about 500
leaving $50 in his favor that he called repeatedly
for his money and was put off from day 10 day
that he demanded his account, which, after some
delay, was furnished to him. He could not get his
money and he entered complaint On his cross
examination 1t appeared the account was fairly rem
deTed-no fault found with it, If defendant
had paid the balance as by the account shown to
be due, he should not complain. The hills were
rendered him before he made the complaint.
On the part of the defence, it was shown that
goods ordered TO be sold for cash, were often sold
and allowed to be taken away by the purchasers
without paying the money and in that case the
auctoneer would be obliged to pay the cash when
the owner demanded it, The defendant proved
his character for honesty to be above reproaeh
The District Attorney read the first section Of the
act and submitted the cause, waving argument
MI Frost, Tor the Defence argued that the statute
was only clumsy copy OF the British statutes and
those Of the other States, and the judicial consruc-
ton given by other Courts should govern here.
l nat the mere non-payment was not embezzle-
!. vent. W hen party rendered fair account and
W guiity OF no deception or concealment, there
was no crime. The statute was not intended TO
appl, to case Of this kind which was transac.
ton Using IA the ordinary course of commercial
dealing s. 1 he factor who became insolvent was
more fraudulent debtor, than any other man
who was unable to pay his debts.
That the money arising from the sale OF the Gus.
TONER'S goo ds solo in the fair course of trade
becomes the property IT the auctioaeer If lost OF
stolen, or counterfeit, the loss falls on the auc-
tioneer-if deposited in ok, and the Bank fails
or il received in Bank bills good at the place of the
sale, but which depreciate before paid oyer--in all
these cases the loss falls on the afct.oneer
he money from the sales then belonged to Drake
and not TO the complainant, who had his action at
law The argument was based on the decision Of
the Commonwealth rs. Stearns, 2 Metoalf, (Mass)
Reports 3i3. The District Attorney re piled, and
attempted to show that the facts brought be party
within the letter and intent Of the statute
The Court charged the jury that there must be
fraHduie4 iateRt--the mere non payment was not
enough secondly, they must find that the specific
money received for the goods actually belon ged
to the vendor, and not to the defendant His honor
commented on the Inconvenience of such a con-
stFueton-that IT would greatly reiard and embar-
rass all the operations OF trade. The Jury retired
and after few minutes returned with verdict Of
7'of gully.