Franklin

This is an appeal from a decree of the United States District Court for the Southern District of California, Southern Division, wherein judgment was entered in favor of the appellee for $8,200, with interest and costs.

The appellant was president and director of the appellee company on the dates at which the transactions complained of took place. The lower court found that on June 20, 1922', at Yuma, Ariz., the appellant entered into a written agreement with Henry Sehumann-Heink, a duly authorized broker *835 of San Diego, Cal., wherein Sehumann-Iieink was employed to sell to the public all of the shares of preferred stock and 2,500 shares of the common stock of the; appellee, and was to receive therefor a commission of 20 per cent, of all moneys realized from the salo of such stocks; that the appellant, for the purpose of making a secret profit fiom the sale of such stock, and without the knowledge, acquiescence, and consent of the ap-pellee or its officers or directors, demanded of Sehumann-Iieink, the company’s fiscal agent, a division of the commissions to be earned by the latter, and that tho latter agreed to share with tho appellant certain commissions ■earned or to be…