employee deposited checks that were payable to his employer into his own account rather than the employer’s account
How later courts described this case
- employee deposited checks that were payable to his employer into his own account rather than the employer’s account
- monetary loss is not element of theft by unlawful taking or disposition
Written by the judges who cited it.
Distinguished
Distinguished by Commonwealth v. Morrissey, 540 Pa. 1 (1995)
Nevertheless, Rosenzweig is clearly distinguishable from the case at bar.
The opinion
NIX, Chief Justice,
dissenting.
I dissent.
*123 Unquestionably the conduct of appellee was in violation of our criminal statutes. However, as pointed out by Mr. Justice Zappala in his dissent, the information upon which the Commonwealth relied did not accurately set forth the offenses committed. It is clear that it was not the property of Esquire that was converted by appellee, since Esquire was not entitled to these refunds and therefore was not prejudiced in any way. The person or entity who may have sustained a loss was not identified nor called upon to assert that loss and the absence of appellee’s authority to act on his or its behalf. I, therefore, would affirm the order of the Superior Court.