Legal Opinion

Watson v. . People of the State of New York

New York Court of Appeals

Decided January 31, 1882PublishedCited by 10 opinions

Error to the General Term of the Supreme Court in the first judicial department, to review judgment entered upon an order made December 23, 1881, which affirmed a judgment of the Court of General Sessions of the city and county of blew York, convicting the plaintiff in error of the crime of obtaining money by false pretenses.

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Error to the General Term of the Supreme Court in the first judicial department, to review judgment entered upon an order made December 23, 1881, which affirmed a judgment of the Court of General Sessions of the city and county of blew York, convicting the plaintiff in error of the crime of obtaining money by false pretenses. (Reported below, 26 Hun, 76.) The indictment charged and the evidence tended to show that the prisoner, with intent to cheat and defraud the complainant, represented that a horse which the latter was negotiating to purchase of him was sound, true and kind, well adapted…

1Opinion of the CourtMiller, J.

The question in this case' is, whether a representation, to the effect that a horse was sound, kind and true, which was false and known to be such and was made with intent to cheat and defraud the purchaser, accompanied by a written warranty, upon which money was obtained, is a criminal offense within the meaning of the statute of this State against false pretenses. That such an offense may be committed when the representation is false, and is made designedly by the prisoner with full knowledge of its falsity, and with an intent to cheat and defraud the party defrauded, we think admits of no…

2Cases cited3 opinions

  1. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  2. Thomas v. . the PeopleNew York Court of Appeals · 1866
  3. People v. Crissie & HarveyNew York Supreme Court · 1847

3Cited by10 opinions

  1. People v. . PeckensNew York Court of Appeals · 1897
  2. State v. StewartNorth Dakota Supreme Court · 1900
  3. Jackson v. PeopleAppellate Court of Illinois · 1886
  4. Lefler v. StateIndiana Supreme Court · 1899
  5. People v. HartNew York Court of General Session of the Peace · 1901

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