Heimlich v. State

The complainant, who was an independent contractor working as a salesman for appellant’s real estate brokerage, was paid a commission by the seller of a house. The commission check was made payable to appellant. The complainant had no confidence in appellant’s integrity and did not wish to surrender the cheek to appellant with only *386his promise of reimbursement. Accordingly, the complainant did not give the instrument to appellant until he had first secured a “reimbursement” check from appellant in a like amount. The two men deposited then-checks in their respective banks, but appellant…