Commonwealth v. Walker
Massachusetts Supreme Judicial Court
Indictment averring that Andrew J. Walker, Edward C. Walker and George 0. Hale, on May 1,1871, at Lawrence, “ being evil disposed persons, and devising and intending to cheat and defraud, did falsely and fraudulently combine, conspire, confederate and agree among themselves, unlawfully and fraudulently to acquire and get into their hands and possession divers large amounts of dry goods, wares and merchandise,” of the value of $10,000, “ under color and pretence of a purchase…
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Indictment averring that Andrew J. Walker, Edward C. Walker and George 0. Hale, on May 1,1871, at Lawrence, “ being evil disposed persons, and devising and intending to cheat and defraud, did falsely and fraudulently combine, conspire, confederate and agree among themselves, unlawfully and fraudulently to acquire and get into their hands and possession divers large amounts of dry goods, wares and merchandise,” of the value of $10,000, “ under color and pretence of a purchase of said dry goods, wares and merchandise by the said George C. Hale upon the credit of the said George C. Hale, of and…
1Opinion of the CourtChapman, C. J.
By the Gen. Sts. c. 161, § 54, “ whoever designedly, by a false pretence, or by a privy or false token, and with intent to defraud, obtains from another person any property,” shall be punished, &c. By the latter clause of the section, if the false pretence relates to the buyer’s means or ability to pay, it must be in writing in order to create the offence. But the pretence here alleged is not within that clause. By the St. of 1863, e. 248, § 2, “ whoever, under false color and pretence of carrying on business and dealing in the ordinary course of trade, obtains from any person goods or…
2Cases cited3 opinions
- Fox v. OhioSupreme Court of the United States · 1847
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
- State v. KeachSupreme Court of Vermont · 1868
3Cited by47 opinions
- Commonwealth v. DowMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
- People v. MuhlnerCalifornia Supreme Court · 1896
- People v. TavorminaNew York Court of Appeals · 1931
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