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Cheat

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

* Cheats which are punishable at common law may be described to be deceitful practices in defrauding or endeavoring to defraud another of his known rights by means of some artful device, contrary to the plain rules of common honesty.^ Many acts which would be denounced as cheats by the principles of morality are not legally cheats.' To " cheat and defraud " does not necessarily import the commission of an indictable offense. Therefore, in charging a conspiracy to cheat and defraud, the means proposed must be set out, for the information of the court and of the defendant.' A cheat or fraud, indictable at common law, must be such as would affect the public, such as oom- 1 [8 Bl. Com. 385-86; 19 HI. 584; 13 Johns. '94. ' 2 Kent, 342. ■2B1. Com. 387. <2 Bl. Com. 386. See Insiu-anoe Co. v. Haven, 95 U. S. 251 (1877); Hyatt v. Vincennes Nat. Bank, 113 id. 415 (1885); Putnam »;. Westcott, 19 Johns. *76 (1821); 2 Kent, 342. 1 F. escheat: from fraud used by lords of manors to procure escheats. « Hawkins, PI. Cr., b. 1, c. 23, § 1. ' See People v. Miller, 14 Johns. '372 (1817). mon prudence cannot guard against: as, using false weights and measures (g. v.), or falsetotensla TuTor where there is a conspiracy to cheat Ti Technically, the offense is "false pretenses." Spoken of one in relation to his vocation, the word is defamatory and actionable.' See Covin; Deceit; Pretenses; Swindle.