Legal Opinion

Commonwealth v. Schwartz

Massachusetts Supreme Judicial Court

Decided January 1, 1908PublishedCited by 3 opinions

Complaint, taken out and sworn to in the Municipal Court of the City of-Boston December 4, 1906, charging the defendant and one Harris with carrying on the business of pawnbroking without a license.

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Complaint, taken out and sworn to in the Municipal Court of the City of-Boston December 4, 1906, charging the defendant and one Harris with carrying on the business of pawnbroking without a license. On appeal to the Superior Court the case was tried before G-ashill, J. It appeared that the defendant and a partner were licensed only to carry on the business of buying and selling second-hand articles on Salem Street in Boston, that the record on their books of the transaction with McKinnon, the testimony regarding which is stated in the opinion, was of a purchase by them, and that, the next day…

1Opinion of the CourtHammond, J.

The defendant Schwartz was jointly charged with one Harris with carrying on the business of a pawnbroker without a license. Hams pleaded guilty and was fined.

At the trial of Schwartz, upon whose exceptions the case is before us and whom we shall designate when using the word defendant in the singular, the evidence as to the nature of the transaction which took place between the witness and the defendants was conflicting; but it warranted a finding that the coat was not sold but was pawned to the defendant. The record states that “ the defendant is not charged, nor has he been shown, to have…

2Cases cited4 opinions

  1. Merced County v. Helm & NolanCalifornia Supreme Court · 1894
  2. Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
  3. O'Neill v. SinclairIllinois Supreme Court · 1894
  4. Commonwealth v. MorrisMassachusetts Supreme Judicial Court · 1900

3Cited by3 opinions

  1. Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1927
  2. Commonwealth v. SovrenskyMassachusetts Supreme Judicial Court · 1929
  3. Hammond v. ReevesNew Mexico Court of Appeals · 1976

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