Legal Opinion · Dissent

Commonwealth v. Moreton

Massachusetts Appeals Court

Decided November 16, 1999No. 97-P-2199Published

1DissentBrown, J.

(dissenting, with whom Smith, J., joins). This case implicates an important issue: namely, whether the conduct described in the complaint lies within the purview of the criminal law. I am of opinion that it does, and respectfully dissent.

I recognize that the question presented here has potentially far-reaching effect. If unpaid commercial vendors, in general, are given the ability to haul delinquent customers before the criminal courts, long settled expectations as to the nature of business relationships would be altered. The civil law, as derived from sources such as the Uniform Commercial…

2Cases cited9 opinions

  1. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  2. Sturm v. BokerSupreme Court of the United States · 1893
  3. Commonwealth v. SouzaMassachusetts Supreme Judicial Court · 1998
  4. Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1991
  5. Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1979

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