People v. Adams
New York Supreme Court
Error to the New-York general sessions. The defendant in error and one R. R. Seymour were indicted in the sessions for an offence against the statute (2 R. S. 677, § 53) for obtaining money and property by false pretences.
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Error to the New-York general sessions. The defendant in error and one R. R. Seymour were indicted in the sessions for an offence against the statute (2 R. S. 677, § 53) for obtaining money and property by false pretences. The indictment contained seven counts, the first five, which are substantially alike, each set forth that the defendants intending to cheat and defraud Ferdinand Suydam and four other persons named, composing the firm of Suydam, Sage & Co. of the city of New-York, commission merchants, on &c. at the first ward of the city of New-York in the city and county of New-York, did…
1Opinion of the Court
By the Court, Beardsley, J.
The intent to cheat and defraud, and the falsity of the pretences, as alleged in the indictment, are virtually conceded, for they are not denied by the plea. And the acts alleged to be criminal are expressly admitted to have been done and committed by the defendant in the city of New-York, through the instrumentality of innocent agents, the defendant at that time being in the state of Ohio. No question was made on the argument, as to the form of the indictment or the plea; and the only point to be decided is whether here was an offence committed by the defendant “…
2Cases cited2 opinions
- People v. RathbunNew York Supreme Court · 1839
- Town of Barkhamsted v. ParsonsSupreme Court of Connecticut · 1819
3Cited by53 opinions
- State v. BentonSupreme Court of North Carolina · 1970
- In Re PalliserSupreme Court of the United States · 1890
- People v. WerblowNew York Court of Appeals · 1925
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
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