People v. Bryant

Citations

• 119 Cal. 595
• 51 P. 960
• 1898 Cal. LEXIS 679

Syllabus

<p>Criminal Law—Obtaining Money Under False Pretenses—Assignment of Note and Mortgage—Misrepresentations as to Mortgaged Property— Responsibility of Maker of Note—Sufficiency of Indictment.—An indictment charging the defendant with the obtaining of money under false pretenses, from the purchaser of a note and mortgage, sold by the defendant with intent to cheat and defraud such purchaser of her money, and under the false and fraudulent representation that the mortgaged land was good tillable land, of good soil, and of great value, and sufficient as security for the payment of the note, and the false and fraudulent pointing out of lots of land of that character • which were not included in the mortgage, whereby the purchaser, having no knowledge of the facts, and believing the truth of such pretenses, was induced to make the said purchase and part with her money therefor to the defendant, whereas in truth and in fact the lots described in the mortgage were not good or tillable land or of any value, or sufficient as security for the payment of any sum whatever, and were not the lots so pointed out, as defendant then and there well knew, etc., sufficiently states an offense, and it is error to sustain a demurrer to such indictment, upon the ground that it does not state that the maker of the note was unable to pay the: same, or that it has not been paid.</p> <p>Id.—Property Obtained by Fraudulent Pretenses Need not be Lost.—If as. person is induced to part with property by reason of fraudulent pretenses and misrepresentations, he is thereby defrauded of the prop»erty so parted with, even though he may eventually make himself whole in some mode not then contemplated; and it is not necessary to-show that the property has been absolutely lost to him, or that he-cannot recover its value in a civil action, in order to sustain the charge.</p> <p>Id.—False Representations Inducing Payment of Money.—Whether the false and fraudulent representations made by the defendant did in