(DOWNLOAD) "Commonwealth v. Snow (Two Cases)" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Snow (Two Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
CROSBY, Justice. In the first case the defendant was indicted on twenty-three counts charging him with larceny of various sums of money from certain persons. In answer to the defendant's motion for a bill of particulars the commonwealth filed the following: 'That as to Counts 1 to 23 inclusive of Indictment No. 806 -- cash, drafts, checks, savings bank deposits, bonds or stock were delivered to the Interestate Mortgage Trust Company, of which the defendant was an executive officer and in charge of the eastern office of said company, that the same was in each case deposited with the company on the express trust and understanding that the said company would invest the same in first mortgages on improved farm or city property located in Oklahoma or Kansas, and for such investment only; that notwithstanding such trust and understanding but in violation thereof said monies were without right and authority wrongfully diverted by the said company and this defendant to other purposes, and thus were wrongfully converted.' Trial by jury was waived by the defendant and the case was heard by a Judge of the superior court who found the defendant guilty on all counts except one and three, which were nolle prossed. Mrs. Gladys S. Milkey, called by the commonwealth, testified that she was the bookkeeper for the Interstate Mortgage Trust Company for fourteen years prior to its bankruptcy in 1931. During all this time the defendant was in charge of the eastern office and was president and cashier of that office. She and Anna O'Hara, another employee, had authority to sign the defendant's name, at his direction, to certificates of deposit, and no other person signed such certificates, these certificates being in the usual form, as follows: 'The Inter State Mortgage Trust Co. No. 11591. Greenfield, Mass., September 9, 1930. This is to certify that Mr. Monroe S. Harris $1,500 has deposited with this Company Fifteen Hundred Dollars to be invested in a First Mortgage on improved Farm or City property located in Oklahoma or Kansas at 7 per cent per annum from date. W. N. Snow Cashier By G. S. Milkey. [Printing on left hand side of certificate as follows:] Certificate of Deposit for investment only.' Kenneth N. Davis and A. G. Kaulback were salesmen or representatives of the company. They brought money and bank books into the office for which certificates of deposit were issued, and no question was ever raised as to their authority to do so. All moneys which came into the office were deposited in the bank accounts of the company, and such moneys were used and paid out for general or any purposes of the company. This witness further testified that she always informed those to whom certificates of deposits were issued that they would receive interest from the time designated on the certificate of deposit. These certificates were issued on no other condition than the usual condition that interest from the date set forth in the certificates should be paid on them. She did not know what the defendant or anybody else said to any of the people when they left their money with the company.