Commonwealth v. Althause
Massachusetts Supreme Judicial Court
Indictment, found and returned in the Superior Court for the county of Suffolk on August 7,1909, charging that “Walter Althause on the fourth day of February in the year of our Lord one thousand nine hundred and nine did steal one negotiable receipt of the value of two thousand dollars, one piece of paper of the value of two thousand dollars, of the property of one Charles A. Powers.”
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Indictment, found and returned in the Superior Court for the county of Suffolk on August 7,1909, charging that “Walter Althause on the fourth day of February in the year of our Lord one thousand nine hundred and nine did steal one negotiable receipt of the value of two thousand dollars, one piece of paper of the value of two thousand dollars, of the property of one Charles A. Powers.” The defendant asked for a bill of particulars, which accordingly was filed by the Commonwealth, and was as follows: “ Now comes the Commonwealth in the above entitled action and in compliance with the…
1Opinion of the CourtLoring, J.
The defendant contended that under the note held by him signed by Powers he had the right to sell the property held under it as collateral security at any time if he thought it wise to do so. But the presiding judge instructed the jury that the note did not authorize the holder to sell the collateral until the maker of the note was in default under some one of the promises or conditions stated therein. The difference, between the two views lies at the foundation of this case and we take it up in the first instance.
The provision to be construed is in these words: “ The right to make such use…
2Cases cited12 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1878
- People of State of New York v. . BlanchardNew York Court of Appeals · 1882
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3Cited by38 opinions
- Kilroy v. BarronMassachusetts Supreme Judicial Court · 1950
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Commonwealth v. ElderMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. DowMassachusetts Supreme Judicial Court · 1914
33 more not listed; retrieve them via the Exa API.