State v. . Garris
Supreme Court of North Carolina
CRIMINAL action, tried at April Term, 1887, of Mecklen-burg Criminal Court, before Meares, Judge. The defendant is indicted for obtaining credit and supplies for plantation uses in cultivating crops, to be raised of cotton, corn and cotton seed on his land, during the year 1886, furnished pursuant thereto, and to secure which a mortgage of said property was executed to them, by means of false and fraudulent representations, made to Philip Schiff, a member of the firm from…
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CRIMINAL action, tried at April Term, 1887, of Mecklen-burg Criminal Court, before Meares, Judge. The defendant is indicted for obtaining credit and supplies for plantation uses in cultivating crops, to be raised of cotton, corn and cotton seed on his land, during the year 1886, furnished pursuant thereto, and to secure which a mortgage of said property was executed to them, by means of false and fraudulent representations, made to Philip Schiff, a member of the firm from whom the supplies were procured, that no prior mortgage of the crop had been made. The indictment contains three counts,…
1Opinion of the Court
Smith, C. J.,
(after stating the case). 1. The essence of the indictment is in the imputed intent to deceive and defraud, and thereby to obtain the goods of the defrauded owner. Unless this intent exists, and is found, the offence is not committed, and can only be inferred from acts and declarations, and especially from such as occurred at the time of the committing of the alleged fraud. Whatever tends to show that the person charged acted under a misapprehension tends to repel the imputation, and becomes competent upon this inquiry. Much latitude must therefore be allowed in the reception of…
2Cases cited6 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Woodlief v. . Harris and ParhamSupreme Court of North Carolina · 1886
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
- Goff, Cranston & Co. v. PopeSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Davis v. TurnerCourt of Appeals for the Fourth Circuit · 1903
- State v. GibbsMontana Supreme Court · 1890
- Loftin v. . HinesSupreme Court of North Carolina · 1890
- State v. ChambersSupreme Court of Iowa · 1917
- Brown v. NeilsonNebraska Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.