People v. Kendall
New York Supreme Court
Obtaining goods by false pretences : Infancy. The defendant was indicted at the Chenango oyer and terminer for obtaining a fur cap, of the value of fourteen dollars, from JS. Norihrup and C. M. Brown, partners in trade,' by falsely representing himself to be a joint owner with his father of a number of cows and other stock, then being upon a farm occupied by his father. Korthrup & Brown sold the cap to him and took his note for the price, payable at a future day.
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Obtaining goods by false pretences : Infancy. The defendant was indicted at the Chenango oyer and terminer for obtaining a fur cap, of the value of fourteen dollars, from JS. Norihrup and C. M. Brown, partners in trade,' by falsely representing himself to be a joint owner with his father of a number of cows and other stock, then being upon a farm occupied by his father. Korthrup & Brown sold the cap to him and took his note for the price, payable at a future day. When the note came to maturity, the defendant was sued, and he interposed the plea of infancy. The vendors thereupon *discontinued…
1Opinion of the Court
By the Court,
Kelson, C. J.
The question presented in this case is, whether a minor is within the statute making it an offence to procure goods by false pretences.
A very ingenious argument has been submitted by counsel for the prisoner maintaining the negative.
The offence as charged, consists in the defendant having procured a fur *306cap from N. & B. by falsely affirming that he was interested in the stock and other property on a farm occupied by his father. It appears that he lived with his father at the time, who supplied him with the usual necessaries for his condition. The contract of sale…
2Cases cited1 opinion
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by18 opinions
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- In re GreenoughSupreme Court of Vermont · 1858
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- Ferguson v. BoboMississippi Supreme Court · 1876
- State v. PenleySupreme Court of Connecticut · 1858
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