Clark v. Commonwealth
Court of Appeals of Kentucky
Case 14. — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT, CRIMINAL DIVISION. 1. The corporate existence of the Singer Manufacturing Company is not established by the evidence.
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Case 14. — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT, CRIMINAL DIVISION. 1. The corporate existence of the Singer Manufacturing Company is not established by the evidence. The act of the New Jersey Legislature relied upon leaves certain matters to be performed before the corporation becomes an entity, and the performance of these things is not shown. 2. The indictment is defective in that it does not give the names of the persons from whom the money was collected. 3. Under the contract there were two condition precedents to Clark’s Agency: First, a written authority to collect, and,…
1Opinion of the Court
JUDGE GUFFY
DELIVERED THE OPINION OE THE COURT.
In November, 1894, an indictment was returned by the grand jury of Jefferson county against the appellant, S. M. Clark, accusing him of the crime of embezzlement, averring; in substance that he being an agent and servant of the-Singer Manufacturing Company, a corporation existing under the laws of the State of New Jersey, and at the time doing business in Kentucky, did feloniously, wilfully, etc., convert to his own use $271.25 in lawful money, the personal property of said corporation, which had come to his hands-etc. as such agent, and had…
2Cited by11 opinions
- Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
- The PEOPLE v. RigginsIllinois Supreme Court · 1956
- Commonwealth v. JacobsCourt of Appeals of Kentucky · 1907
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1896
- Phoenix Ins. Co. of Hartford v. NewellSupreme Court of Oklahoma · 1916
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