People v. Stone
New York Supreme Court
Error from the Rensselaer oyer and terminer. „ The defendant was indicted for obtaining the endorsement of one Augustus Filley to certain promissory notes by false pretences.
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Error from the Rensselaer oyer and terminer. „ The defendant was indicted for obtaining the endorsement of one Augustus Filley to certain promissory notes by false pretences. The indictment on the motion of the defendant was quashed, and at a subsequent session of the court, the district attorney of the county of Rensselaer, for the purpose of enabling him to remove the case into this court by writ of error, was permitr ted by the oyer and terminer to make up a record, stating judgment to have been rendered for the defendant as on de~ murrer to the indictment. The indictment contained three…
1Opinion of the Court
By the Court,
Sutherland, J.
The cheat, or fraud, charged in this indictment, is not an offence punishable at common law. A fraud, to be indictable at common law, must be such as affects the public, or is calculated to defraud numbers, and which ordinary care and caution cannot guard against: as if a man uses false weights and measures, and sells by them to *188his customers, in the general course of his dealing; or defrau(js another under false tokens; or if there be a conspiracy to cheat; for common care and prudence are no protection against these. This was the rule laid down by Lord Mansfield,…
2Cases cited2 opinions
- Fish v. WeatherwaxNew York Supreme Court · 1801
- People v. Onondaga General SessionsNew York Supreme Court · 1829
3Cited by44 opinions
- People v. GatesNew York Supreme Court · 1835
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- People v. HerrickNew York Supreme Court · 1834
- People v. HicksNew York Supreme Court · 1853
- State v. BlizzardCourt of Appeals of Maryland · 1889
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