Epps v. Anderson

1. As an embezzler of the funds of a bank is under a legal and moral obligation to return what he has wrongfully taken, an agreement by the offender or by some one else in his behalf to pay the value of the money feloniously taken, whether made before or after the commencement of a criminal prosecution therefor, is valid, unless there was an express or implied agreement or understanding that the guilty person should not be prosecuted for his crime. But where an understanding that he is not to be prosecuted exists, the agreement to pay is invalid, and where a promissory note is executed in…