Pretense

6 Representation; simulation; device. False pretenses. The offense of " obtaining property by false pretenses." An offense variously defined by statutes; as generally understood: a knowingly false statement of a supposed by -gone or existing fact with intent to defraud, and an obtaining of property thereby. 7 Many statutes are copied from 30 Geo. II (1757), c* 24 — '■ knowingly and designedly, by false pretenses," obtaining "from any pei-son money, goods, wares, or merchandise, with intent to cheat and defraud any person of the same;" and from S4 and 25 Vict, (1861), c. 96 — obtaining "any chattel, money, or other valuable security with intent to defraud." * A representation of some fact or circumstance, calculated to mislead, which is not true. 9 1 Home Ins. Co. v. Weide, 11 Wall. 440 (1871). 2 Unite4 States v. Ross, 92 U. S. 283-84 (1875), Strong, J.; Grand Trunk R. Co. v. Richardson, 91 id. 470 (1875). 5, Manning v. Hancock Mut. Life Ins. Co., 100 U. S. 698 (1879), Strong, J. * Douglass V. Mitchell, 35 Pa. 446-47 (1860), Strong, J.; Mc Aleer v. Mc Murray, 58 id. 126 (1868). 6 Ayer v. Glaucus, 4 Cliff. 171 (1870). 0 L. pro&tensus: prce-tendere, to spread before, hold out, pretend. Spelled also pretence. ' [Broom, Common Law, 966. « 2 Whart. Cr. L. §§ 1130, 1175, 1186-89; Broom, Com. L. 9G3. A false -pvetense prima facie imports a misrepresentation as to something existing... The offense and the facts constituting it must be stated; where these facts consist in words, the words must be set forth, I Four things must concur: an intent to defraud; actual fraud committed; false pretenses used; the fraud accomplished by means of those pretenses. =* There must be a scient^^and a fraudulent intent. The representation must relate, to past events: a representation for the future may be only a promise; it may be made in any of the ways by which ideas are communicated; and it maybe inferred. The reason of the law is to protect the weak and creduloiM from the stratagems of the artful and cunning; it does not extend to those who, having the means in their own hands, neglect to protect themselves.^ The law gives a different effect to a representation of existing facts, from that given to a representation of facts to come into existence. To make a false representation the subject of an indictment, or of an action, two things are necessary, viz., that it should be^ a statement likely to impose upon one exercising common prudence and caution, and that it should be the statement of an existing fact; A " promissory " statement is not, ordinarily, the subject either of an indictment or of an action. The law also gives a different effect to promissory statements based upon general knowledge, information^ and judgment, and to representations which, from knowledge peculiarly his own, a party may certainly loiow will prove to be true or false.* Collecting money by falsely personating a creditor constitutes false pretenses.^ When the owner parts with the possession of his property, a felonious receiving is "larceny." When he parts with the possession and title (his right of property), the offense is false pretenses.* In England, and Massachusetts, and perhaps in other States, obtaining money as a charitable gift by false pretenses, is indictable; but otherwise, it seems, in New York.'' Any words equivalent to "by means of a false pretense," maybe used in the indictment.^ The indictment must set forth distinctly that there was an actual transaction between the parties, a payment of money or a delivery of property; that it was 1 Bardlaugh v. The Queen, L. R., 3 QVB. D. 623 (1878), Bramwell, L. J. 2 Commonwealth t!..Mc Duffy, 126 Mass. 470 (1879), cases. s Commonwealth v. Drew, ante. 4 Sawyer v. Prickett, 19 Wall. 160 (1873), Hunt, J.; 4Hill,9; 23N.Y.413; 99 Pa. 575; 26 Alb. Law J. 105-6 (1882), cases. 6 State V. Goble, 70 Iowa, 447 (1883). 6*Loomisu People, 67 N. Y. 326-29 (1876), cases; Zinc V. People, 77 id. 114 (1879), cases; 53 id. Ill; 43 111. 397; 57 Ind. 341; 39 Mich. 505; 26 Ohio, 15; 11 Ind. 154; 12 Johns. 293. ' Commonwealth v. Whitcomb, 107 Mass. 486 (1871), cases; People v. Ciough, 17 Wend. 351 (1837). the accused's purpose, in making the false pretenses, to effect such a transaction; and that the party alleged to have been defrauded was actually deceived by the false pretenses.^ See further Cheat; Larceny; Obtain: Spirittjalisu.