American Criminal Reports; A Series Designed to Contain the Latest and Most Important Criminal Cases Determined in the Federal and State Courts in the United States, as Well as Selected Cases, Important to American Lawyers, from the (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... the transfer was induced by the fraud of the latter, and with a purpose to steal the property. In these cases the title actually passes, subject to the right of the owner to reclaim the property on account of the fraud, and thus reinvest himself with the title; but until he does this, both the title and possession are in the fraudulent vendee, and hence the latter cannot be convicted of a larceny of it. The general doctrines of the common law in respect to larceny, as affected by the possession of the property, will be found, upon an examination of the following authorities, to be substantially as stated above: 2 Archbold's Orim. Proc. and Plead., 442; 2 Whart. on Grim. Law, secs. 1840, 1843; Rea: 1: . Bazely, 2 East's P. C., 571; B'ull's Case, id., 572; La2: encentsler'.9 Case, id., 566; Rem 'v. Jlfitclo low, 1 Moore, 160; 2 East's P. C., 692; Baxter 'v. People, 3 Gilm., 368; Welsh o. People, 17 Ill., 339; Stimson 1: . People, 43 id., 399; Zsc/woke '2). People, 62 id., 127; P/ze@s v. People, 55 id., 334. As a bailee is one who has the possession and a qualified property in goods or other personal property under a contract With the owner, either express or implied, it follows from what We have said, and the authorities just cited, that he cannot commit a larceny of the subject of the bailment so long as the contract under which he holds the same is subsisting; but when the contract by any means terminates, he, of course, ceases to bea bailee, and the possession, as we have already seen, results to the owner, although the bare custody may still remain With the bailee. In short, as We have heretofore seen, a bailee cannot, at the common law, commit a larceny of the subject of bailment, for the reason th