People v. Babcock
New York Supreme Court
THE defendant was convicted, at an oyer and teriner held in Oneida county, in June last, of a cheat.The indictment stated, that one Rufus Brown and Ira Dickinson had obtained a judgment before one of the ° ° .justices of the peace, in and for the county of Oneida, • n 7 , , , , . , _ , ... „ against Babcock, and that the said Babcock, being an evil-disposed person, on the 4th of August, 1807", at, &c. falsely, fraudulently, and deceitfully, and by false arts, colours and…
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THE defendant was convicted, at an oyer and teriner held in Oneida county, in June last, of a cheat.The indictment stated, that one Rufus Brown and Ira Dickinson had obtained a judgment before one of the ° ° .justices of the peace, in and for the county of Oneida, • n 7 , , , , . , _ , ... „ against Babcock, and that the said Babcock, being an evil-disposed person, on the 4th of August, 1807", at, &c. falsely, fraudulently, and deceitfully, and by false arts, colours and pretences, did obtain, acquire, and get into his hands and possession of and from the said Rufus Brown, who was a partner…
1Per curiam
Lord Kenyon said that the case of the King v. Wheatley (2 Burr. 1125.) established the true boundary between frauds that were, and those that were not indictable at common law. That case required such a fraud as would affect the public; such a decep? tion that cpmmpn prudence and care were not sufficient to guard against it, as the using of false weights and measures, or false tokens, or where there was a conspiracy to cheat. Thus, in the case of Jones, (1 Salk. 379.) who obtained money of A., pretending to have a command from B., whereas B. did not send him; but as he came tvith no false…
2Cited by8 opinions
- Ranney v. . PeopleNew York Court of Appeals · 1860
- People v. MilesAppellate Division of the Supreme Court of the State of New York · 1908
- People v. StetsonNew York Supreme Court · 1848
- Meek v. SpracherSupreme Court of Virginia · 1890
- People v. HigbieNew York Supreme Court · 1861
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