Cedar Rapids National Bank v. American Surety Co. of New York

With all due respect for tbe opinion of tlie majority, I cannot bring’ myself to tbe point-of concurring in the majority opinion. I therefore respectfully dissent.

Under the undisputed evidence in the case, I think that Boyer was guilty of larceny, rather than of obtaining money under false pretenses. I shall state my reasons as briefly as I can.

Under the authorities, it is sometimes difficult to determine whether, under a given state of facts, a party is guilty of larceny or of false pretense. I am inclined to think that, in some cases, a situation might be such as to involve either one. 17…