132 Iowa 53 | Iowa | 1906
The indictment charges in substance that defendant, with another, by false statements, pretenses, and representations, obtained from the Des Moines Mutual Hail Insurance Association, of Des Moines, Iowa, the sum of $24.80 in lawful money of the United States. The testimony shows that defendant was acting as agent for the insurance association in soliciting and forwarding applications for insurance; that he forwarded pretended applications by mail from Chickasaw county, Iowa, to the insurance association at Des Moines. Pursuant to defendant’s request, the insurance association mailed a check for $24.80 to him, drawn upon a bank in Des Moines, Iowa, -as his commission for securing applications for insurance. This check was received by defendant in Chickasaw county, indorsed
this proposition; but we think the better rule is that, under such circumstances as we have here, the defendant should be held to have received money from the insurance association, at the place where the check was cashed by the- bank upon which it was drawn, the intermediate bank which took it up or advanced defendant the money thereon being defendant’s agent to forward the same and to receive the money thereon for the defendant, and that the final payment by the bank upon which it was drawn, was a payment to the defendant. State v. Palmer, and Com. v. Wood, supra. See, also, People v. Dimick, supra. But, however this may be, there was no variance under any of the cases to which our attention has been called, for the reason that defendant did in fact receive money from the plaintiff; the check simply being an instrument through which the money was received. This may not be the rule as to foreign bills of exchange or other papers to which the law merchant is fully applicable; but as to checks, which are ordinarily nothing more than equitable assignments of a fund, this seems to be the more logical view. See Roberts v. Corbin, 26 Iowa, 327.
Y. There is ample testimony to support the verdict; and, as no prejudicial error appears, the judgment must be, and it is, affirmed.