Commonwealth v. Barry
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of Boston, charging the defendant with larceny of a twenty-dollar bill, “ of the goods, moneys and chattels of Stephen Brown.”
Read the full summary
Complaint to the Municipal Court of Boston, charging the defendant with larceny of a twenty-dollar bill, “ of the goods, moneys and chattels of Stephen Brown.” At the trial in the Superior Court, before Gardner, J., there was evidence tending to show that Brown, while passing along North Street, in Boston, was attracted by the defendant’s knocking upon the window, and beckoning him to come in; that he went into a bar-room where the defendant was, and, at her request, gave her money to get a bottle of brandy; that they went up-stairs together, when the defendant said to him, “ This bottle is…
1Opinion of the CourtLord, J.
The principles upon which the decision of this case rests are too well settled and too familiar to justify a citation of authorities.
*327If a person honestly receives the possession of the goods, chattels or money of another upon any trust, express or implied, and, after receiving them, fraudulently converts them to his own use, he may be guilty of the crime of embezzlement, but cannot be of that of larceny, except as embezzlement is by statute made larceny. If the possession of such property is obtained by fraud, and the owner of it intends to part with his title as well as his possession, the…
2Cited by42 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. MillsMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
- Gardner v. StateSupreme Court of New Jersey · 1892
37 more not listed; retrieve them via the Exa API.