Williams v. State
Ohio Supreme Court
Error to the Circuit Court of Montgomery county. The plaintiff in error was indicted for obtaining money and property by certain false pretenses, to-wit: that certain real estate situate in Benton township, Pike county, being one hundred and ten acres in quantity, was then and there of the value of $11,000, and that one Martha M. Williams, then and there believing said representation of value to be true, and relying and acting upon that belief, was induced to and did…
Read the full summary
Error to the Circuit Court of Montgomery county. The plaintiff in error was indicted for obtaining money and property by certain false pretenses, to-wit: that certain real estate situate in Benton township, Pike county, being one hundred and ten acres in quantity, was then and there of the value of $11,000, and that one Martha M. Williams, then and there believing said representation of value to be true, and relying and acting upon that belief, was induced to and did purchase from the plaintiff in error, the said real estate, and accepted his deed therefor, and gave to him and one Neal…
1Opinion of the CourtDavis, J.
A statement of value may be given either as an opinion or as a statement of fact. All the authorities agree that if a statement of value is given as an opinion merely it cannot be regarded as a foundation for an indictment. But if the statement is made as an existing fact, when the accused knows it to be false and intends it to be an inducement to the other party, and it is so understood and relied upon by the other party, then it becomes a false representation of a material fact for which the party making the representation is indictable. Whether the representation of value is intended as an…
2Cases cited11 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- People v. . PeckensNew York Court of Appeals · 1897
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Hickey v. . MorrellNew York Court of Appeals · 1886
- People v. JordanCalifornia Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.