MALONE
v.
COMMONWEALTH OF KENTUCKY

U.S. | 1914-06-22
No. 36
234 U.S. 639 Supreme Court of the United States (1914) Positive Treatment
Also reported at: 58 L. Ed. 1512 · 34 S. Ct. 926 · 1914 U.S. LEXIS 956 · SCDB 1913-293
Cited by 20 cases

Opinion of the Court
Mr. Justice Hughes

Mr. Justice Hughes delivered the opinion of the court.

This writ of error has been sued out to review a judgment of the Court of Appeals of Kentucky which affirmed the conviction of Thomas Malone, the plaintiff in error, for selling pooled tobacco, without the consent of the agents of the pool, contrary to § 3941a of the Kentucky statutes. 141 Kentucky, 570.

The case is the same in all -material respects as that of Collins v. Kentucky, decided this day, ante, p. 634, with the exception that the tobacco in question was sold by the plaintiff in error within the State of Kentucky. For the reasons stated in the opinion in the Collins Case, the judgment must be reversed.

Judgment reversed.


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Citator

Cited By (12 total)

  • …aches be applied, for the reason that the possession of trust funds by the guardian is not adverse to the equitable title of the ward, but consistent with it. 17 R. C. L. 796; 26 R. C. L. 1364; Order of St. Benedict vs. Steinhauser, 234 U. S. 640, 58 L. Ed. 1512, 34 S. Ct. 932, Ann. Cas. 1917 A, 463; Spallholz vs. Sheldon, 216 N. Y. 205, 110 N. E. 431, Ann. Cas. 1917 C, 1017 and Note; Barnes vs. Barnes, 282 Ill., 593, 118 N. E. 1004; 4 A. L. R. 4; State ex rel McClure vs. Northrop, 93 Conn. 558, 106 Atl. 5…
  • The Reverend Gerald P. Fogarty v. The United States, 780 F.2d 1005 (Fed. Cir. 1986)
    …sing the judgment below that Father Fogarty taught at and received income from the University of Virginia on his own behalf rather than on behalf of the Order. AFFIRMED. . See, e.g., Order of St. Benedict v. Steinhauser, 234 U.S. 640, 34 S.Ct. 932, 58 L.Ed. 1512 (1914); Watson v. Jones, 13 Wall. 679, 80 U.S. 679, 20 L.Ed. 666 (1871); Rosicrucian Fellowship v. Rosicrucian Fellowship Non-Sectarian Church, 39 Cal.2d 121, 245 P. 2d 481, 487-88 (Cal.1952), cert. denied, 345 U.S. 938, 73 S.Ct. 828, 97 L.Ed. 1365…
  • COX v. Commissioner OF Internal Revenue, 297 F.2d 36 (2d Cir. 1961)
    …act was enforceable against Lewis according to its terms and the laws of the Society. Burt v. Oneida Community, Ltd., 137 N.Y. 346, 33 N.E. 307, 19 L.R.A. 297 (1892); see St. Benedict’s Order of New Jersey v. Steinhauser, 234 U.S. 640, 34 S.Ct. 932, 58 L.Ed. 1512 (1914). The testatrix was a member of the Roman Catholic Church and active in its life. When she executed her will in 1941, she knew that Lewis had not yet been ordained and had not taken his solemn vows renouncing all his property, and that pri- o…

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