People v. Dalton
New York Supreme Court
The prisoner was convicted, at the Ontario general sessions, on an indictment for embezzling a ten dollar bank-bill enclosed in a letter entrusted to him to carry to the post-office. A traveller stopped at an inn kept by a Mrs. Mann, at Geneva, and gave the letter enclosing the bill to one Franklin, who had the principal management and superintendence oí the house ; informing him that it contained money, and desired him to send it to the post-office.
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The prisoner was convicted, at the Ontario general sessions, on an indictment for embezzling a ten dollar bank-bill enclosed in a letter entrusted to him to carry to the post-office. A traveller stopped at an inn kept by a Mrs. Mann, at Geneva, and gave the letter enclosing the bill to one Franklin, who had the principal management and superintendence oí the house ; informing him that it contained money, and desired him to send it to the post-office. Franklin delivered the letter to Dalton, a bar-keeper in the house, to carry to the post-office, who took it, but did not deliver it at the…
1Opinion of the Court
By the Court,
Cowen, J.
The exception taken to the omission of the court to charge the jury that the offence as proved, did not amount to the crime of embezzlement, seeks to draw the whole case into question, and is perhaps too broad to raise in proper form any point presented by the argument; but if it were in due form, the objections cannot avail. The statute is, that if any servant of any private person, &c. shall embezzle or convert to his own use, without the assent of his master or employer, any money, &c. which shall have come into his possession or under his care by virtue of his…
2Cases cited4 opinions
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Whiteside v. JacksonNew York Supreme Court · 1828
- Huntington v. BrinckerhoffNew York Supreme Court · 1833
- Denison v. SeymourNew York Supreme Court · 1830
3Cited by17 opinions
- People v. . CaseyNew York Court of Appeals · 1878
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1868
- State v. FosterSupreme Court of Iowa · 1873
- Lowenthal v. StateSupreme Court of Alabama · 1858
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