State v. Deutsch
Supreme Court of New Jersey
On error to Middlesex Sessions. The defendant was convicted upon an indictment the first count of which charged that he, being the bailee and agent of John Kmonezky, was entrusted by said Kmonezky with the care of the sum of $80, the property of Kmonezky, as such bailee and agent, and having said moneys in his possession, fraudulently took and converted the same to his own use, with intent to defraud Kmonezky.
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On error to Middlesex Sessions. The defendant was convicted upon an indictment the first count of which charged that he, being the bailee and agent of John Kmonezky, was entrusted by said Kmonezky with the care of the sum of $80, the property of Kmonezky, as such bailee and agent, and having said moneys in his possession, fraudulently took and converted the same to his own use, with intent to defraud Kmonezky. There were four other counts in similar form except as to the date and the amount of the alleged conversion. The indictment is framed under section 184 of the Crimes act (Pamph. L.…
1Opinion of the Court
*296The opinion of the court was delivered by
Swayze, J.
In order to convict the defendant under the indictment it was necessary for the state to prove that he was the bailee or agent of Kmonezky, and that he fraudulently took or converted Kmonezky's money to his own use. Under the facts of the case, as far as appeared at the trial, the defendant could not be found guilty upon the ground that he was the agent of Kmonezky nor upon the ground that he fraudulently took the money. If convicted at all, it could only be upon the jury finding that he was the bailee of Kmon-ezky and fraudulently converted…
2Cases cited4 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- State v. ReynoldsSupreme Court of New Jersey · 1900
- State v. TempleSupreme Court of New Jersey · 1899
3Cited by2 opinions
- Illario v. FrawleyDistrict Court, D. New Jersey · 1977
- United States Fidelity & Guaranty Co. v. Peoples Bank & Trust Co. of WestfieldCourt of Appeals for the Third Circuit · 1935