Legal Opinion

People v. . Rothstein

New York Court of Appeals

Decided December 30, 1904PublishedCited by 11 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1904, which affirmed a judgment of the Court of General Sessions in the county of New York, rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree in obtaining goods by false pretenses. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1904, which affirmed a judgment of the Court of General Sessions in the county of New York, rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree in obtaining goods by false pretenses. The facts, so far as material, are stated in the opinion. If the representations are shown to be false, they relate to the purchaser’s means or ability to pay and are not criminal because not in writing. (Penal Code, § 544; . People v. Blanchard, 90…

1Opinion of the Court

Bartlett, T.

The defendant was convicted of the crime of grand larceny in the first degree in obtaining goods by false representations. It is charged in the indictment that the defendant obtained eighteen pieces of covert cloth from Forstman & Company by falsely representing to the managing partner that he had an order from a corporation, known as Marshall Field & Company, doing business in the city of Rew York, a well-known jobbing house of strong financial standing, for six thousand cloaks, to be made of covert cloth, and requiring about twenty-four thousand yards,

The evidence discloses that…

2Cases cited5 opinions

  1. Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
  2. People of State of New York v. . BlanchardNew York Court of Appeals · 1882
  3. Thomas v. . the PeopleNew York Court of Appeals · 1866
  4. Lesser v. . PeopleNew York Court of Appeals · 1878
  5. Higler v. PeopleMichigan Supreme Court · 1880

3Cited by11 opinions

  1. People v. KarpNew York Court of Appeals · 1948
  2. State v. HillUtah Supreme Court · 1941
  3. People v. FisherCalifornia Court of Appeal · 1931
  4. People v. SattlekauAppellate Division of the Supreme Court of the State of New York · 1907
  5. People v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1911

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