Commonwealth v. Davis
Massachusetts Supreme Judicial Court
Indictment for a conspiracy, with others unknown, to compel one James W. Stearns to an unjust settlement of his accounts with said Davis, and to alter the nature and condition of an agreement between them, which was, that Stearns should find all the stock for a brewery, that Davis should afford his labor for five years from 1809, and that they should divide the net profits equally.
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Indictment for a conspiracy, with others unknown, to compel one James W. Stearns to an unjust settlement of his accounts with said Davis, and to alter the nature and condition of an agreement between them, which was, that Stearns should find all the stock for a brewery, that Davis should afford his labor for five years from 1809, and that they should divide the net profits equally. The indictment charges that Davis, with others, affirmed to Stearns that * he, Davis, was greatly indebted in New York, — that his creditors were then in town, and were about to seize and attach the property of…
1Opinion of the Court
By the Court.
The gist of the indictment is the conspiracy. The cheating is but aggravation. Judgment is not arrested, (a)
[Unless the object of the- conspiracy be apparently criminal, it seems to be necessary to show an intention to accomplish it by improper means.—1 Stark. Grim. Pl. 156.—The only clause in the allegation of the conspiracy which can be thought to wear the aspect of criminality, is the conspiracy to compel Stearns to come to an unjust settlement of his accounts; but unjust as to whom is not stated. Non constat but it was to the defendant himself. — Ed.]
2Cited by6 opinions
- Territory of Hawaii v. JohnsonHawaii Supreme Court · 1905
- State of Rhode Island v. BaconSupreme Court of Rhode Island · 1905
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1807
- State v. . Christianbury and HermonSupreme Court of North Carolina · 1852
- United States v. RindskopfDistrict Court, W.D. Wisconsin · 1874
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