State v. Nelson
Supreme Court of Minnesota
John P. Nelson was indicted in the district court for Hennepin county for grand larceny in the second degree, committed as stated in the opinion. The court, Simpson, J., made an order overruling a demurrer to the indictment, and at the request of defendant reported to the supreme court certain questions for its determination. The indictment states specifically that the money appropriated was the property of Peterson.
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John P. Nelson was indicted in the district court for Hennepin county for grand larceny in the second degree, committed as stated in the opinion. The court, Simpson, J., made an order overruling a demurrer to the indictment, and at the request of defendant reported to the supreme court certain questions for its determination. The indictment states specifically that the money appropriated was the property of Peterson. If it was the property of Peterson, it was not held by Nelson under the terms of his appointment as assignee. In anything that Nelson held as assignee, Peterson could have no…
1Opinion of the CourtCollins, J.
Defendant was indicted under the provisions of G. S. 1894, § 6723, for appropriating to his own use money coming into his possession as the assignee of Andrew G. Peterson, who had made an assignment for the benefit of his creditors under the statute. The deed of assignment was set out in full in the indictment, and immediately following it was a purported acceptance by defendant. Although it was not alleged directly that the defendant accepted and qualified under the deed of assignment, the indictment charged that he was duly appointed and employed as a trustee, and was then and there acting…
2Cases cited5 opinions
- Donohue v. LaddSupreme Court of Minnesota · 1883
- Langdon v. ThompsonSupreme Court of Minnesota · 1879
- State v. FarringtonSupreme Court of Minnesota · 1894
- State v. CollinsNorth Dakota Supreme Court · 1895
- Williamson v. SeldenSupreme Court of Minnesota · 1893
3Cited by3 opinions
- Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- State v. LawrenceSupreme Court of Minnesota · 1915
- Trustees of Iowa College v. BaillieSupreme Court of Iowa · 1945