137 Mass. 583 | Mass. | 1884
Charles M. Keyes was arrested on a complaint charging him with the larceny of property of the value of $200. The offence charged was a felony. Gen. Sts. e. 161, § 18; c. 168, § 1. The note in suit was given to Frank W. Keyes, whose property was alleged to have been stolen, and who “ threatened to prosecute said complaint to the full extent of the law, unless his claim for his expenditures was paid.” The note was given “to pay this claim, and thus induce said Frank W. Keyes to forbear to prosecute said complaint,” “and, as a part of the arrangement, said Charles M. Keyes pleaded nolo contendere to the complaint, paid the costs, and it was laid on file.” The plaintiff took the note, “ having notice of the circumstances.” The court correctly ruled that the action could not be maintained, because it found as a fact that the note was given under an agreement that the complaint should be placed on file, which is in effect an agreement to suppress a criminal prosecution.
The fact that the special justice of the district court before whom Charles M. Keyes was brought for trial informally expressed the opinion that, on the facts stated, the complaint for