Commonwealth v. Tenney
Massachusetts Supreme Judicial Court
Indictment under Gen. Sts. c. 161, § 39, which is as follows : “ If an officer of an incorporated bank, or any person in the employment of such bank, fraudulently converts to his own use, or fraudulently takes and secretes, with intent so to do, any bullion, money, note, bill, or other security for money, belonging to and in possession of such bank, or belonging to any person and deposited therein, he shall, whether intrusted with the custody thereof or not, be deemed guilty…
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Indictment under Gen. Sts. c. 161, § 39, which is as follows : “ If an officer of an incorporated bank, or any person in the employment of such bank, fraudulently converts to his own use, or fraudulently takes and secretes, with intent so to do, any bullion, money, note, bill, or other security for money, belonging to and in possession of such bank, or belonging to any person and deposited therein, he shall, whether intrusted with the custody thereof or not, be deemed guilty of larceny in said bank, and be punished,” &e. It set forth that the defendant, at Greenfield, on March 1, 1866, “ then…
1Opinion of the CourtFoster, J.
This indictment is founded on Gen. Sts. c. 161, § 39, within the provisions of which, we have no doubt, national banks, created under the laws of the "United States, must be held to be included. The words “ incorporated bank ” are broad enough to embrace not only banks existing at the date of the passage of the act, but such as have been chartered since; and they are not limited to corporations created by the laws of Massachusetts, but likewise include such national banking corporations as are located within this Commonwealth, if the offence to be punished is here committed.
The further…
2Cited by41 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- People v. TalbotCalifornia Supreme Court · 1934
- State v. ElderIndiana Supreme Court · 1879
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Spalding v. PeopleIllinois Supreme Court · 1898
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