Legal Opinion

Commonwealth v. Hazlett

Superior Court of Pennsylvania

Decided March 19, 1901No. Appeal, No. 66PublishedCited by 15 opinions

Appeal, No. 66, April T., 1901, by defendant, from judgment of Q. S. Washington Co., Feb. T., 1899, No. 84, on verdict of guilty in case of Commonwealth v. Samuel Hazlett. Indictment against a banker for receiving deposits when insolvent. Before Taylor, J. The case was previously reported in 14 Pa. Superior Ct. 353. The defendant pleaded former acquittal.

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Appeal, No. 66, April T., 1901, by defendant, from judgment of Q. S. Washington Co., Feb. T., 1899, No. 84, on verdict of guilty in case of Commonwealth v. Samuel Hazlett. Indictment against a banker for receiving deposits when insolvent. Before Taylor, J. The case was previously reported in 14 Pa. Superior Ct. 353. The defendant pleaded former acquittal. The special plea after reciting the indictment, averred as follows: And the said Samuel Hazlett avers thát he and the Samuel Hazlett, who’ was the defendant in the indictment recited in this plea and acquitted as aforesaid, are one and the…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The purpose of the Act of May 9, 1889, P. L. 145, was to protect all depositors, or intended depositors, from imposition by bankers who, knowing the bank to be insolvent, continued to receive deposits. The act made unlawful is to “ take and receive money from a depositor with the knowledge that .... the bank is at the time insolvent,” and a part of the punishment prescribed is “ a fine in double the amount so received.” This legislation was not merely aimed at the carrying on of business by an insolvent bank, but it dealt with specific acts and measured the…

2Cases cited5 opinions

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  2. Heikes v. CommonwealthSupreme Court of Pennsylvania · 1856
  3. Commonwealth v. TrimmerSupreme Court of Pennsylvania · 1877
  4. Commonwealth v. RockafellowSuperior Court of Pennsylvania · 1897
  5. Murphy v. RichardsSupreme Court of Pennsylvania · 1843

3Cited by15 opinions

  1. Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
  2. Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
  3. Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
  4. Commonwealth v. VeleySuperior Court of Pennsylvania · 1916
  5. Curry v. WillsonSupreme Court of Pennsylvania · 1930

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