Commonwealth v. Wesley
Massachusetts Supreme Judicial Court
Indictment, for burning a building at Cottage City, the property of the defendant, with intent to injure certain insurance companies. The fire was alleged to have occurred on November 13, 1894. At the trial in the Superior Court, before Braley, J., one Howland, called as a witness by the prosecution, testified that during the preceding summer the building alleged to have been burned had been occupied as a summer hotel.
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Indictment, for burning a building at Cottage City, the property of the defendant, with intent to injure certain insurance companies. The fire was alleged to have occurred on November 13, 1894. At the trial in the Superior Court, before Braley, J., one Howland, called as a witness by the prosecution, testified that during the preceding summer the building alleged to have been burned had been occupied as a summer hotel. In support of the allegation of ownership, the same witness further testified that he was an insurance agent, and that the defendant came to him in relation to the insurance on…
1Opinion of the CourtMorton, J.
1. The testimony of Howland that the building had been occupied as a summer hotel during the preceding summer was admissible to describe and identify the building. It was not too remote
*2522. The testimony of Eldridge as to his conversation with the. defendant respecting insurance on the building was admissible as tending to show that the defendant owned it. There was evidence from which the jury could infer that the building was personal property. If it was, the title could pass without deed or writing of any kind, and could be shown by paroi. Even if the title was by deed, admissions by the…
2Cases cited5 opinions
- Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
- Teachout v. PeopleNew York Court of Appeals · 1869
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Commonwealth v. DevaneyMassachusetts Supreme Judicial Court · 1902
- Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. BondMassachusetts Supreme Judicial Court · 1897
- People v. OwenMichigan Supreme Court · 1908
- Commonwealth v. HuntonMassachusetts Supreme Judicial Court · 1897
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