People v. Haynes
Opinion of the Court
The opinion of the Supreme Court was delivered by Nelson, Ch. J., who states the following, as the only points material to be noticed.
1. Was the delivery of the property on board the steam
2. Is it necessary to prove all the pretences laid in the indictment as having induced the delivery of the goods, and which are negatived, to be false, in order to authorize a conviction ? And
3. Must the jury be satisfied that the pretences proved to be false, were the sole and only inducement to the credit or delivery 1
As to the first, he says : “ We entertain no doubt that C. A. and Co. (the vendors) had a right to resume the actual possession and control of the goods at the time they became alarmed about the credit of the prisoner, and held the interview Avith him in Avhich he put forth the false pretences charged; and having asserted such a determination, the goods should be deemed in judgment of law, under their control at the time. The delivery Avas incomplete and conditional ; the invoice had not been delivered, nor the security for the purchase money given, and the receipt from the master of the boat, or bill of lading, was still in their hands.”
2. “The case of The People v. Stone, 9 Wend. 182, decides that it is necessary for the pleader, in drawing an indictment under this statute, to negative specifically, all the false pretences relied on to sustain the indictment and convict the accused. The same point had been before determined in the case of The King v. Perrott, 2 Maulé and Selw. 379. Neither of these cases, however, decides, that it is indispensable to establish, by proof, the falsity of each pretence thus negatived ; but are authorities, I think, for a contrary conclusion.”
3. “ From the view Ave entertain of the law on this point, the case was put to the jury by the court below more favorably to the prisoner than can be sustained. The recorder charged that if some of the pretences in the indictment were false, and. the goods Avere obtained solely by means of those pretences, they, C. A. and Co., believing them to be true, the prisoner was guilty.”
Now, we understand the rule to be, that if the pretences
The court accordingly ordered the proceedings to be remitted to the court below, to the end that judgment be rendered against him according to the statute.
On a writ of error by the prisoner, from this decision of the Supreme Court,
The Court of Errors reversed the decision. The court held the delivery of the goods upon the facts of the case, to have been complete, and the property vested in the prisoner before he made the false pretences charged in the indictment; and as that delivery was not procured by the means set forth, the charge, as laid, was not proven. The Court declined to give any opinion as to the other points in the case. The Chancellor in his opinion in favor of reversal, says: “ Although-in point of moral turpitude, there is no essential difference between obtaining the possession of the goods by wilful and deliberate falsehood, in the first instance, and preventing the vendor by similar fraudulent and corrupt means from exercising a legal and equitable right, (of retalcing his goods,) it would, I think be going too far in a prosecution for felony to say that the two cases are the same; and tha the accused may be convicted of the latter offence, under an
£3= See People v. Johnson, 12 J. R. 292, where it was held, that if the credit be obtained by false pretences, the offence is complete within the statute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.