State v. Zorich, No. 38861

CourtUnited States State Supreme Court of Washington
Writing for the CourtBARNETT; FINLEY
Citation72 Wn.2d 31,431 P.2d 584
PartiesSTATE of Washington, Respondent, v. Robert D. ZORICH, Appellant.
Decision Date07 September 1967
Docket NumberNo. 38861

Page 31

72 Wn.2d 31
431 P.2d 584
STATE of Washington, Respondent,
v.
Robert D. ZORICH, Appellant.
No. 38861.
Supreme Court of Washington, Department 2.
Sept. 7, 1967.

[431 P.2d 585] Koenigsberg, Brown & Sinsheimer, W. John Sinsheimer, Seattle, for appellant.

Charles O. Carroll, Pros. Atty., Larry L. Barokas, Stephen R. Schaefer, Deputy Pros. Attys., Seattle, for respondent.

BARNETT, Judge. *

The defendant was charged by an information with the crime of grand larceny [431 P.2d 586] committed by color

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and aid of fraudulent or false representations. The trial resulted in a verdict of guilty as charged. The defendant received a suspended sentence and a $1,000 fine. The defendant appeals from the judgment of conviction.

A brief summary of the facts most favorable to the state is as follows: The defendant is a plumbing contractor. Standard Discount Corporation, the purported victim and complainant, is a sales finance company located in Seattle. Its normal business activity is the purchase of conditional sales contracts.

On January 4, 1965, at the office of Standard Discount, the defendant informed the president of Standard Discount, Mr. Kleinberg, that he desired to sell to the company $50,000 worth of accounts receivable purportedly due him. The defendant gave Standard Discount certain documents indicating jobs he had worked on and the amounts to be realized from such jobs, and representations were made by the defendant that these accounts owed him money. Mr. Harmon, the manager of Standard Discount, sent registered letters to each purported obligor in which there was a request that the obligation be confirmed and also a notification that the accounts were in the hands of Standard Discount. All of the registered mail receipts were signed and returned, but none of the obligors made replies to the inquiries requesting confirmation of the obligations.

Mr. Harmon testified that he talked to people by telephone who represented themselves as obligors, and that as a result of the conversation he gained the impression the accounts receivable did exist and were payable to the defendant. He also testified that he got credit reports on each of the obligors and that the good information concerning the obligors overbalanced the bad.

Mr. Kleinberg testified in substance that after the accounts were investigated it was discovered that a number of them were slow and one was very bad; but that they thought they were perfectly safe with $60,000 in security if the sale was for $30,000 instead of the $50,000 requested by the defendant.

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On January 9, 1965, an agreement was executed between defendant and Standard Discount entitled 'Guarantee Agreement' which stated in essence that the purchaser had paid $30,000 for the accounts receivable; that the defendant guaranteed the sums specified as due; that there were no counterclaims or offsets by any of said obligors on the accounts; and that the seller agreed that all sums specified would become due and owing within 90 days. The agreement further specified that Standard Discount was to realize the total sum of $32,000 on these accounts and turn all excess amounts back to the defendant. Coupled with the guarantee agreement was an instrument entitled 'Assignment of Accounts Receivable.' This was also executed and delivered by the defendant to Standard Discount. This instrument assigns to Standard Discount eight accounts totaling an aggregate of $69,947.16. In this instrument there is a warranty that 'any and all work to be done in consideration of said Accounts Receivable has been completed all to the satisfaction of said obligors above named; that all sums specified as owing are true and accurate, and are due and owing as of January 8, 1965; * * *.' On the same date as the other instruments alluded to were delivered, the defendant executed and delivered to Standard Discount a promissory note in the sum of $32,000, payable within 60 days.

When the accounts were not paid, Standard Discount contacted the obligors and all of them denied owing any of the moneys listed in the assignment agreement. Standard Discount attempted to locate the defendant, but was unsuccessful at that time. Eventually Mr. Kleinberg and his attorney met with the defendant at defendant's office. Defendant's attorney was present. The defendant was interrogated with reference to the accounts, but upon the advice of his attorney he refused to give any information.

[431 P.2d 587] The defendant does not argue in this court that the representations were not made; neither does he contend that they were not false. He challenges the sufficiency of the evidence to support a conviction. The main thrust of

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defendant's contention is that there is no substantial evidence that Standard...

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22 practice notes
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...any magazines . . . The state appeals. The basic legal rule with which we are concerned is stated in State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584, 587 a challenge to the sufficiency of the evidence requires that the evidence be interpreted most strongly against the moving party and in t......
  • State v. Mehrabian, No. 68138–9–I.
    • United States
    • Court of Appeals of Washington
    • June 6, 2013
    ...relied on by the victim and in some measure operated to induce the victim to part with the property. State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584 (1967). ¶ 39 At trial, the State presented evidence that Mehrabian was the sole owner of a corporation created in 1999 and known as Informati......
  • State v. Knutz, No. 39925–3–II.
    • United States
    • Washington Court of Appeals
    • April 20, 2011
    ...operated as inducement.” 6 Casey, 81 Wash.App. at 527–529, 915 P.2d 587 (emphasis added) (citing State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584 (1967)). Again citing Zorich, Casey further noted that “ the deception need not be the sole means of inducing the victim to part with his or her ......
  • State v. Mehrabian, NO. 68138-9-I
    • United States
    • Court of Appeals of Washington
    • March 25, 2013
    ...were believed and relied on by the victim and in some measure operated to induce the victim to part with the property. State v. Zorich, 72 Wn.2d 31, 34, 431 P.2d 584 (1967). At trial, the State presented evidence that Mehrabian was the sole owner of a corporation created in 1999 and known a......
  • Request a trial to view additional results
22 cases
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...any magazines . . . The state appeals. The basic legal rule with which we are concerned is stated in State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584, 587 a challenge to the sufficiency of the evidence requires that the evidence be interpreted most strongly against the moving party and in t......
  • State v. Mehrabian, No. 68138–9–I.
    • United States
    • Court of Appeals of Washington
    • June 6, 2013
    ...relied on by the victim and in some measure operated to induce the victim to part with the property. State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584 (1967). ¶ 39 At trial, the State presented evidence that Mehrabian was the sole owner of a corporation created in 1999 and known as Informati......
  • State v. Knutz, No. 39925–3–II.
    • United States
    • Washington Court of Appeals
    • April 20, 2011
    ...operated as inducement.” 6 Casey, 81 Wash.App. at 527–529, 915 P.2d 587 (emphasis added) (citing State v. Zorich, 72 Wash.2d 31, 34, 431 P.2d 584 (1967)). Again citing Zorich, Casey further noted that “ the deception need not be the sole means of inducing the victim to part with his or her ......
  • State v. Mehrabian, NO. 68138-9-I
    • United States
    • Court of Appeals of Washington
    • March 25, 2013
    ...were believed and relied on by the victim and in some measure operated to induce the victim to part with the property. State v. Zorich, 72 Wn.2d 31, 34, 431 P.2d 584 (1967). At trial, the State presented evidence that Mehrabian was the sole owner of a corporation created in 1999 and known a......
  • Request a trial to view additional results

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