Henry Cowell Lime & Co. v. Santa Cruz County National Bank

— The above two cases were tried together before a jury in the superior court of Santa Cruz County. The causes of action in both are identical in form, although different amounts are involved therein. In the action against the Santa Cruz National Bank it is alleged that one A. S. T. Johnson was employed by plaintiff as a bookkeeper with authority to collect money and checks due and owing to plaintiff from its various customers in the city of Santa ■Cruz, hut that he had no authority whatsoever to indorse or cash cheeks payable to plaintiff; that Johnson, acting in such capacity for plaintiff, collected from various persons named in the complaint, for the use and benefit of plaintiff, certain cheeks payable to it; that the makers of said checks each had a commercial deposit in said bank and that all said checks were drawn against such deposits respectively; that Johnson upon collecting the same at various times indorsed each of them as follows: “H. Cowell Lime and Cement Co., per A. S. T. Johnson, Mgr.,” and cashed the same at the defendant bank; that Johnson retained the proceeds of these checks, used the same for his own purposes, and never turned the proceeds or any part thereof…