Assignment task:
Clarence Conrad Bolton was in his early 90s in December 1989 when conservatorship proceedings were commenced in which Joyce Van Buren sought to be appointed his guardian and conservator. While the proceedings were pending and before the appointment could be completed, Bolton gave Souter two checks totaling $2,200 in an attempt to hide money from others and to establish an emergency fund. Souter cashed both checks and deposited $2,200 in an account she had opened at a Hutchinson bank. A few days after entrusting the money to Souter, Bolton asked for $500 "to test her out to see if she was honest about it." Souter delivered $500 to Bolton as he requested. Later, at Bolton's request, Souter cashed another check for $300, which Bolton gave Souter to help with the purchase of a car. When Bolton asked Souter to return more of his money, Souter refused, contending she was not indebted to him. Souter said that she deposited only $1,000 of Bolton's money in the account and that the $1,200 deposit shown on the bank statement came from her separate funds. She claimed she gave $800 to Bolton, which left $200 she claimed Bolton gave to her to buy a car and car insurance.
The bank's records indicate that between late December 1989 and June 1, 1990, Souter wrote checks on the account payable to her children, Reno County, State Farm, KPL Gas Service, and others. On June 2, 1990, Souter deposited $1,172 of her income tax return into the account, and by October 1990, the balance was under $10. The account was closed in overdraft status in March 1991. The state prosecuted Souter for embezzlement. She says you cannot embezzle money that was given to you. Is she right? [Bolton v Souter, 872 P2d 758 (Kan)]