Lesser v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department to review judgment, affirming a judgment of the Court of General Sessions in and for the city and comity of New York, convicting the plaintiff in error of the crime of obtaining goods by false pretences.
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Error to the General Term of the Supreme Court in the first judicial department to review judgment, affirming a judgment of the Court of General Sessions in and for the city and comity of New York, convicting the plaintiff in error of the crime of obtaining goods by false pretences. (Reported below, 12 Hun, 668.) The plaintiff was jointly indicted with one Charles H. Melville; the indictment alleging in substance that they, with intent to cheat and defraud one Yetta Geroges, did falsely represent that a certain check, a copy of which was set forth in the indictment, purporting to have been…
1Opinion of the CourtRapallo, J.
The check, which was passed off upon the complainant, was dated on the twenty-ninth of August, the transaction taking place on the twenty-eighth, and the defense is placed upon the point that the delivery of a post-dated check docs not constitute a representation that the money to meet it is in the bank at the time of delivery of the check, but simply an undertaking that it shall be there at the maturity of the check.
If there had been no representation made except by the delivery of the check, and the prosecution rested wholly on the allegation that this was a representation that the money…
2Cited by13 opinions
- United States v. CumminsUnited States Court of Military Appeals · 1958
- People of State of New York v. . BlanchardNew York Court of Appeals · 1882
- The People v. WesterdahlIllinois Supreme Court · 1925
- People v. . RothsteinNew York Court of Appeals · 1904
- Brown v. StateCourt of Criminal Appeals of Texas · 1897
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