Kennard

Appeal from judgment for $4,535.93 in an action brought for the recovery of monies of plaintiffs which were received by defendant Coulson B. Glick as their agent and then misappropriated to his own use.

The plaintiffs purchased from a third person a wholesale-retail bird store and conducted the business under the name “Bird Wonderland and Zoo.” Appellant Coulson B. Glick had owned the business for some 20 years and had sold the same to plaintiffs’ immediate vendors. He stayed on after plaintiffs’ purchase for the purpose of assisting them in operating the business. He filled orders, assisted in the purchase of birds, made entries in the books, answered the mail, and made the bank deposits. Respondents maintained a bank account under the name of Bird Wonderland in the Security-First National Bank on Ventura Boulevard, Sherman Oaks. Appellant maintained an account in the California Bank, Van Nuys Branch, under the same name. Appellant admitted that he deposited between six and eight checks received in the business to his own account by endorsement with his rubber stamp (Bird Wonderland, C. B. Glick) without advising respondents of this act; that these checks amounted to $452.…