People v. Higbie
New York Supreme Court
MOTION to quash an indictment for obtaining money by false pretences, on the ground that it is not alleged, therein, that the firm of which the defendant was a member was insolvent.
1Opinion of the CourtMullin, J.
The statute defining the crime of obtaining property by false pretences (3 R. S. 956, § 5, 5th ed.,) reads as follows: “Every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any other false pretence, obtain the signature of any person to any Written instrument, or obtain from any person any money, personal property or valuable thing, upon conviction thereof, shall be punished,” &c., &c.
To constitute the crime, then, four things must concur :■
1st. Property must be obtained.
2d. It must be obtained by some false token or…
2Cases cited5 opinions
- People v. TaylorNew York Supreme Court · 1846
- People v. StoneNew York Supreme Court · 1832
- People v. HerrickNew York Supreme Court · 1834
- People v. StetsonNew York Supreme Court · 1848
- People v. BabcockNew York Supreme Court · 1810
3Cited by5 opinions
- Owens v. StateWisconsin Supreme Court · 1892
- People v. OstranderNew York Supreme Court · 1892
- People v. Vigliotti, New York County Courts1966
- People v. CookNew York Supreme Court · 1886
- People v. Vieira, New York County Courts1970