R v Francis Loose
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1860 |
| Date | 01 January 1860 |
| Court | High Court |
English Reports Citation: 169 E.R. 1253
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S C. 29 L. J. M C. 132, 2 L. T 254; 24 J. P 341; 8 W. R. 422; 8 Cox C. C. 302; sub nomine R. v. Lorse, 6 Jur. N. S. 513. Referred to, R v Marsh, 1862, 3 F & F. 523.
1860. regixa v. francis loose. (The prisoner, who was a trustee of a friendly society, was appointed by a resolution of the society to receive money from the treasurer and carry it to the bank. He received the money from the treasurer's clerk, but instead of taking it to the bank he applied it to his own purposes. He was indicted for stealing as bailee of the money of the treasurer, and also for a common law larceny, the money being laid as that of the treasurer. The Friendly Societies Act. 18 & 19 Viet c 63, p. 18, vests the property of such societies in the trustees, and directs that in all indictments the property shall be laid in their names Held, that the prisoner could not under these counts be convicted either as a bailee or of a common law larceny ) [S C. 29 L. J. M C. 132 , 2 L. T 254 ; 24 J. P 341 ; 8 W. E. 422 ; 8 Cox C. C. 302; sub nomine R. v. Lorse, 6 Jur. N. S. 513, Referred to, R v Marsh, 1862, 3 F & F. 523.] The following case was reserved by Williams J at the Norwich March Assizes, I860 In this case the indictment alleged that 011 the 20th of July, 1859, the prisoner became and was bailee of [260] monies of Richard Carraway, deceased, to the amount of 40, and that, being such bailee, he fraudulently and feloniously did take and convert the said monies to his own use, and that the prisoner in manner and form aforesaid, feloniously did steal, &c , the said monies. There was another count for a common law larceny Tie deceased Richard Carraway, whose money the 40 was alleged to be, was at the tune in question the treasurer of a lodge of Odd Fellows, which was a friendly society duly enrolled The prisoner was one of its trustees On the 20th of July, 1859, at a lodge meeting, it was proposed and resolved that 40 should be sent to the bank of Messrs. Gurney, at Fakenham, and that the prisoner should take it there. The 40 in gold and silver was taken from a box, which was in Carraway's keeping, aa treasurer, by a person who acted for him, and, having been counted, was put into a bag and carried away by the prisoner. Instead of taking it to the bank, he dishonestly applied it to his own purposes, and no such sum was ever placed to the credit of the society. ob...
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