Commonwealth v. Foster
Massachusetts Supreme Judicial Court
Indictment for embezzlement, found at July term 1870 of the superior court in Suffolk. At the trial, before. Wilkinson, J., John Langley testified that about May 13, 1870, being in need of money, he made two promissory notes payable to his own order and indorsed by himself, payable in four and six months respectively, for $1250 each, and delivered them to the defendant upon the special agreement of the defendant to sell the notes and deliver the proceeds to Nathan A..
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Indictment for embezzlement, found at July term 1870 of the superior court in Suffolk. At the trial, before. Wilkinson, J., John Langley testified that about May 13, 1870, being in need of money, he made two promissory notes payable to his own order and indorsed by himself, payable in four and six months respectively, for $1250 each, and delivered them to the defendant upon the special agreement of the defendant to sell the notes and deliver the proceeds to Nathan A.. Langley, a brother of the witness, charging a commission for his services; that at the same time, and as a part of the…
1Opinion of the Court
Br the Court.
Under the instructions given them, the jury must have found that the defendant was an agent within the
statute, and embezzled his employer’s money. The notes given by him appear to have been given to answer the purpose of receipts, and not for the purpose of transferring to him any property in the notes received by him, or the money received by him on the sale of the notes. Commonwealth v. Stearns, 2 Met. 343 Commonwealth v. Libbey, 11 Met. 64.
Exceptions overruled.
2Cited by11 opinions
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