People v. Hennessey
New York Supreme Court
The prisoner was indicted for embezzling money to the amountof $350,which had been collected and received by him, and which had come into his possession as the servant of one Joseph Fisk, the money being charged to be the property of his master.
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The prisoner was indicted for embezzling money to the amountof $350,which had been collected and received by him, and which had come into his possession as the servant of one Joseph Fisk, the money being charged to be the property of his master. On the trial of the prisoner, at the Albany oyer and terminer, Fisk testified that he was marshal of the corporation of the city of Albany, and employed the prisoner to collect assessments upon property in the city ; that he charged the prisoner with having omitted to pay over moneys collected by him, and he admitted the fact, and furnished the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In this case two questions ■ arise : 1. Whether the indictment charges an offence under the statute; 2. Whether the conviction was proper ? The statute is in substance as follows: If any clerk or servant of any private person or corporation shall embezzle or convert to his own use, without the assent of his master or employer, any money, goods, rights in action, or other valuable security or effects whatever, belonging to any other, person, which shall have come into his possession,' by virtue of such employment, he shall, upon conviction, be punished,&c. The…
2Cited by32 opinions
- State v. HuffmanOhio Supreme Court · 1936
- City of Bremerton v. CorbettWashington Supreme Court · 1986
- State v. PattersonSupreme Court of Missouri · 1881
- Bergen v. PeopleIllinois Supreme Court · 1856
- People v. BadgleyNew York Supreme Court · 1836
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