State v. . Eurell

One who receives money for safekeeping is not an agent, consignee, clerk, employee or servant. He is a bailee if under tbe agreement of tbe parties be is to return tbe identical money received, and debtor if be is to use tbe money and return its equivalent on demand. Neither “bailee” nor “debtor” was included in our embezzlement statute, C. S., 4268, prior to 1941.

An interesting and comprehensive history of tbe embezzlement statute is contained in tbe opinion of Stacy, C. J., in S. v. Whitehurst, 212 N. C., 300, 193 S. E., 657. Its meaning and its applicability only to tbe classes of persons…