McGee v. State
Supreme Court of Georgia
Accusation of cheating and swindling. Before Judge "Williamson. City court of Monroe county. May term,. 1895. The accusation charged, that on February 13, 1895, in. Monroe county, McGee unlawfully and falsely represented, to B..
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Accusation of cheating and swindling. Before Judge "Williamson. City court of Monroe county. May term,. 1895. The accusation charged, that on February 13, 1895, in. Monroe county, McGee unlawfully and falsely represented, to B.. B. Stephens, of the firm of Stephens & Ensign, that, at the time he executed and delivered a mortgage to that-firm, on a red cow three years old, a bay mare pony eight, years old, and a white painted buggy, there were no other-liens upon said property, when he knew there were other' liens upon it, and by said false representations obtained a. credit of said firm, and…
1Opinion of the CourtAtkinson, J.
1. Where a debtor executed to two creditors separate mortgages to secure debts due to them respectively, and it appears that, in procuring the credit to secure which the last mortgage was executed, he represented to the mortgagee that the property mortgaged was unincumbered, such misrepresentation cannot he made the basis of a prosecution for cheating and swindling under section 4587 of the code, unless it he shown that, in consequence thereof, the second mortgagee has been in fact defrauded, and that in extending the credit upon the faith of such misrepresentation, he has sustained a loss.
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2Cited by12 opinions
- Berry v. StateSupreme Court of Georgia · 1922
- State v. MillsArizona Supreme Court · 1964
- Rucker v. StateSupreme Court of Georgia · 1901
- Stephens v. MilikinCourt of Appeals of Georgia · 1926
- Lane v. StateCourt of Special Appeals of Maryland · 1984
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