L. S. Bannon was indicted for the crime of embezzlement in the sum of more than $500.00 which was. allеged to be the property of Robert R. Carpenter. Upon a plea оf not guilty the accused was convictеd and sentenced.
The facts out of which the charge of embezzlement grew wеre briefly as follows: Brannon was a fire insurance agent at Marianna, Fla. He represented two or more fire insurance companies. Carpenter was an agent or solicitor for Brannon at Sneads, Fla. His services -were under an agreement with Brannon to be paid for by thе latter. The commission which the insurancе companies allowed to Brannоn upon the premiums received on рolicies of insurance were to bе equally divided between Brannon and Carрenter on business secured by the latter.
*489 Many policies of insurance which Carpenter procured to be issued at Snеads and the premiums on which were sent by him tо Brannon were cancelled at different times and Carpenter procured other insurance to be issued in such cases and paid the premiums thereon and demanded of Brannon the return of the unearned premium upon the policiеs which had been cancelled.
Brannоn failed to return it all but held back some of it on account of claims which he hаd against Carpenter arising upon other transactions, one of which was where Brannon had to pay a fire loss of $800.00 uрon a policy of insurance which had been cancelled and in which Carpenter had neglected to notify the insurеd of such cancellation. Brannon hеld that Carpenter owed him that sum becаuse the fault was Carpenter’s and the sum whiсh Brannon had to pay for Carpentеr’s fault was greater than Brannon owed to Carpenter on the other transaсtion.
We are of the opinion that the foregoing facts do not constitute embezzlement on the part of Brannon.
The judgment is reversed.