Also where the owner of property places it in the keeping of his servant, the possession still remains in him; the servant has merely the custody of the property.19

It is a well settled principle of law that goods in the bare custody of a servant are in the possession of the owner.20 Therefore, if one who has the mere custody of goods, such as a servant, converts the same to his own use with criminal intent, he will be guilty of larceny.21

Or where a servant has authority to sell goods in the presence of the owner or upon his premises, but not to deal with the same in any other manner, as in the case of a salesman of a shopkeeper, it is obvious, that he has only the custody, and that if he carries any of the goods away with criminal intent the offense is larceny.22

But if a servant sells the goods to a bona fide purchaser and appropriates the proceeds to his own use before depositing the same in the till, he is not guilty of larceny of the goods, because he did not take them, nor is he guilty of the taking of the proceeds of the sale, because the owner never had possession thereof.23