Buena Vista Oil Co. v. Park Bk. of L. A.

In this action plaintiff, as successor in interest of American Midway Oil Company, seeks to recover of defendant the sum of five thousand dollars. The facts upon which this claim is based are substantially as follows: On or about July 11, 1911, one A. L. Kemper, the secretary of the American Midway Oil Company at Los Angeles, appropriated a check for five thousand dollars, made and forwarded by the Esperanza Consolidated Oil Company at its office in San Francisco to said American Midway Oil Company—and which will be referred to hereinafter as plaintiff—at Los Angeles. Such check was drawn to the order of the plaintiff. It was sent by mail inclosed in an envelope addressed to plaintiff. A. L. Kemper, in the office of plaintiff, opened the letter, extracted the check, and by the use of a rubber stamp indorsed upon the back of such check the words: “American Midway Oil Company - Sec’y.” In the space following the word ‘“Company” Kemper wrote his own name, and thereunder indorsed the words “A. L. Kemper, Secretary.” He deposited the check, thus indorsed, with the defendant, and the said defendant entered same to Kemper’s account, as by him instructed. On the 18th of July, 1911, Kemper…