State v. Hubbard
Supreme Court of Kansas
Error from Shawnee District Court. Hon. T. F. Garver, Judge pro teto. This was a prosecution for embezzlement. In the information it was alleged, in substance, that in a certain proceeding, pending in the District Court of Shawnee County, wherein E. H. Snow was plaintiff and the Hamilton Printing Company and others were defendants, A. D. Hubbard was appointed as receiver by the District Court; and that, after qualification, he took possession of the printing plant- of the…
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Error from Shawnee District Court. Hon. T. F. Garver, Judge pro teto. This was a prosecution for embezzlement. In the information it was alleged, in substance, that in a certain proceeding, pending in the District Court of Shawnee County, wherein E. H. Snow was plaintiff and the Hamilton Printing Company and others were defendants, A. D. Hubbard was appointed as receiver by the District Court; and that, after qualification, he took possession of the printing plant- of the Hamilton Printing Company and the business and property involved in the litigation, carried on an extensive business, sold…
1Opinion of the CourtJohnston, J.
The principal question presented for determination is, whether a receiver, who unlawfully appropriates money which comes into his hands as receiver or fails to account for and pay over the same upon demand, is subject to prosecution and punishment as for embezzlement. The defendant was prosecuted upon the theory that he was an agent, and under that portion of paragraph 2220 of the General Statutes of 1889 which provides :
‘ ‘ If any agent shall neglect or refuse to deliver to his employer or employers, on demand, any money, bank bills, treasury notes, promissory notes, evidences of debt", or…
Also in this document: Concurrence.
2Cases cited4 opinions
- State v. SpauldingSupreme Court of Kansas · 1880
- State v. BancroftSupreme Court of Kansas · 1879
- State v. SmithSupreme Court of Kansas · 1874
- Ellis v. LittleSupreme Court of Kansas · 1882
3Cited by13 opinions
- State v. . WhitehurstSupreme Court of North Carolina · 1937
- Ex Parte Alabama State BarSupreme Court of Alabama · 1970
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- State v. WhitehurstSupreme Court of North Carolina · 1937
- Harrington v. LoweSupreme Court of Kansas · 1906
8 more not listed; retrieve them via the Exa API.