Therasson v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer, in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of procuring the signature of one Sarah J. Zabriskie to a satisfaction-piece of a mortgage held by her, by means of false pretenses.
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Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer, in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of procuring the signature of one Sarah J. Zabriskie to a satisfaction-piece of a mortgage held by her, by means of false pretenses. (Reported below, 20 Hun, 55.) The facts material to the questions discussed appear in the opinion. The prosecutrix was bound, in order to establish guilt, to show that she was influenced by the…
1Opinion of the CourtAndrews, J.
In order to justify a conviction upon the trial of an indictment for false pretenses, it must appear that the prosecutor parted with his property, or signed the written instrument, as the case may be, by reason of some of the pretenses laid in the indictment, or if not solely by reason of such pretenses, that they materially influenced his action. In the absence of evidence that the prosecutor relied upon the pretenses charged, the essential averment in such an indictment, that the defendant obtained the property or signature by means thereof, would not be supported. (People v. Haynes, 11…
2Cases cited1 opinion
- Phœnix Fire Insurance v. PhilipNew York Supreme Court · 1834
3Cited by4 opinions
- People v. . MillerNew York Court of Appeals · 1902
- People v. BryantCalifornia Supreme Court · 1898
- Partridge v. United StatesCourt of Appeals for the D.C. Circuit · 1913
- People v. . BakerNew York Court of Appeals · 1884