People v. . Atwater
New York Court of Appeals
Appeal -from a judgment entered Hay 18, 1920, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department, which reversed a judgment rendered at a Trial Term for the county of Dutchess upon a verdict convicting defendant of the crime of illegal hypothecation of customers’ securities and directed a dismissal of the indictment. The facts, so far as material, are stated in the opinion.
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Appeal -from a judgment entered Hay 18, 1920, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department, which reversed a judgment rendered at a Trial Term for the county of Dutchess upon a verdict convicting defendant of the crime of illegal hypothecation of customers’ securities and directed a dismissal of the indictment. The facts, so far as material, are stated in the opinion. The defendant had the bonds “ in his possession ’’ on the 13th day of February, 1918, within the meaning of subdivision 1 of section 956 of the Penal Law. (Ward v. Dewey, 16 N.…
1Opinion of the Court
Pound, J.:
On the 21st day of June, 1918, the defendant, together with Gilbert F. Foote, Harold W. Sherrill and Eliot Atwater, composing the firm of Atwater, Foote & Sherrill, of Poughkeepsie, was indicted by the grand jury of Dutchess county upon six counts; three for grand larceny in the first degree, two for hypothecation of customers’ securities, and one for receiving-stolen goods. The defendant was tried separately. At the close of the evidence the district attorney elected to rely upon the counts of grand larceny in the first degree committed by a bailee or broker (embezzlement), and…
2Cases cited6 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- Content v. . BannerNew York Court of Appeals · 1906
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1904
- Keller v. . HalseyNew York Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- UNITED STATES of America, Appellee, v. Robert SCHWARTZ, AppellantCourt of Appeals for the Second Circuit · 1972
- Sutro Bros. & Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. New York · 1967
- Dunham v. OttingerNew York Supreme Court · 1926
- People v. RuskayNew York Court of Appeals · 1926
- Wilson v. MorleyAppellate Division of the Supreme Court of the State of New York · 1932
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