United States v. Hersey

MORTON, District Judge.

This is an indictment for using the mails in a scheme to defraud. The defendants have demurred upon the ground that no offense is charged. The indictment alleges in substance that the defendants engaged in a scheme to defraud persons by selling to them stock in the Petroleum Corporation of America by means of certain false and fraudulent statements and representations concerning said corporation which are set out in the indictment. There is no allegation that the stock sold was in fact worth less than the price received for it. It is upon this ground principally that…