The Archive · 1921

Company's Own Act

The nearest approach to conversion in this whole transaction seems to have been the original drawing of the cheque. But defendant was not one of the drawers. True the accountant, who was, claims that he caused it to be prepared at defendant's request The latter denies this and no memorandum of such request is produced. Moreover while defendant is interested, so is the accountant who was likewise involved in exchange speculations in the company's name. Indeed. the prosecution's counsel calls him "a confederate" of defendant. But whether or not the latter so requested, it is not claimed that he made any such request of the other drawer of the cheque. He. though working in the same establishment with defendant, never consulted the latter about the transaction but accepted the representations of the accountant who caused the cheque to be drawn and was engaged in the same wort of transactions with which de-Yendant is charged.

Text read from the printed page and cleaned; old type leaves the occasional error.

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