In embezzlement, as in larceny, one cannot be guilty of embezzling money or goods owned by him, or in which he has an interest as partner and of which he is legally entitled to the possession.108 But it has been held that a member of a benevolent association is liable for embezzlement in appropriating its money coming into his hands, the members of the association not being partners with joint possession.109 So one who by virtue of his agency receives money of his employer out of which he is entitled to a commission, is not liable if he appropriates the whole of the money so received by him.110 So, too, a cashier having charge of the money of his employer, commits no offense in taking therefrom sufficient to pay the balance due him on his salary, though taking it without the knowledge of his employer.111