People v. Sherman
New York Supreme Court
Embezzlement of goods by servant. The defendant was indicted at the Ontario general sessions for embezzling a packet of bank bills, entrusted to him as a stage driver by his employers, to be carried from the village of Lyons to the village of Geneva, and to be deposited in the bank at the latter place. The employment of the defendant as a stage driver, the delivery of the bills to him and his absconding with the money, were proved.
Read the full summary
Embezzlement of goods by servant. The defendant was indicted at the Ontario general sessions for embezzling a packet of bank bills, entrusted to him as a stage driver by his employers, to be carried from the village of Lyons to the village of Geneva, and to be deposited in the bank at the latter place. The employment of the defendant as a stage driver, the delivery of the bills to him and his absconding with the money, were proved. It was also proved that the stage owners carried packets of bank bills for reward, and that the defendant had on a previous occasion carried a packet which he…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant was properly convicted under the count for embezzlement. The provision of the revised statutes, under which the count was framed, is sufficiently comprehensive to embrace this case. 2 R. S. 678, § 59. The defendant was the servant of Sprague & Demmon, and the money which he embezzled came into his possession, or under his care, by virtue of his employment as such servant, within the meaning of the act. He drove the stage of Sprague & Demmon from Lyons to Geneva, and Sprague & Demmon contracted with the collector of canal tolls at Lyons to send the…
2Cited by3 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- Hinderer v. StateSupreme Court of Alabama · 1863
- Lewis v. KendallNew York Supreme Court · 1850