State v. Thatcher
Supreme Court of New Jersey
On indictment, &c. On case certified from tne Court of Oyer and Terminer of the county of Hunterdon. The indictment charges the defendant with having obtained of one Levi Case, the prosecutor, his signature as surety on •two promissory notes, payable to John M. Wilson or bearer, for $500 each, by falsely representing to the prosecutor, witli intent to defraud him, that he, the defendant, had paid off ■and satisfied two notes of prior date, on which said Case was his…
Read the full summary
On indictment, &c. On case certified from tne Court of Oyer and Terminer of the county of Hunterdon. The indictment charges the defendant with having obtained of one Levi Case, the prosecutor, his signature as surety on •two promissory notes, payable to John M. Wilson or bearer, for $500 each, by falsely representing to the prosecutor, witli intent to defraud him, that he, the defendant, had paid off ■and satisfied two notes of prior date, on which said Case was his security, when, in fact, said last-mentioned notes were not paid but were still outstanding, and Case was subsequently…
1Opinion of the CourtVan Syckel, J.
The correctness of the proposition that everything necessary to maintain the indictment must be set forth, and that the facts must be proved substantially as laid, will not be questioned.
It is a general rule that in indictments for misdemeanors created by positive law, the offence may be charged either in the words of the statute, or there may be such a particular statement of facts as will bring the accused within its operation. United States v. Lancaster, 2 McLean 431; People v. Taylor, 3 Denio 91.
The averment here is that the defendant, with the design and intent to cheat and defraud Case…
2Cases cited7 opinions
- People v. TaylorNew York Supreme Court · 1846
- People v. StoneNew York Supreme Court · 1832
- People v. HerrickNew York Supreme Court · 1834
- United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841
- People v. Loomis & RamsdellNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Sinclair & Sinwellan Corp.Court of Appeals of Maryland · 1975
- State v. AllenNew Jersey Superior Court Appellate Division · 1968
- People v. SilverCalifornia Court of Appeal · 1975
- State v. BorattoSupreme Court of New Jersey · 1979