23 N.Y.S. 717 | N.Y. Sup. Ct. | 1893
The following facts were established by uncontradicted evidence,—indeed, the defendant, who was a witness in his own behalf, testified to the most of them:
In 1892 the defendant was engaged in the laundry business at No. 2160 Seventh avenue, and in the stove business at No. 35 Peck slip, but whether this latter business was carried on on his. own account does not appear. In the latter part of March, 1892, either on the 28th or 31st, the defendant caused to be published in the World newspaper an advertisement of which the following is a copy:
“Manager. A young man as manager, who can loan or invest $600 to $800; salary $18; money secured; experience unnecessary.”
The complainant, Carl Sophers, who came to this country from Denmark in April, 1891, saw the advertisement, and wrote the defendant, who replied. The result of the correspondence was that the complainant and his wife called on the defendant at No. 35 Peck slip on the 1st day of April, 1892. Later in the day, the three in company went to the laundry at No. 2160 Seventh avenue. On that day an oral contract was entered into between the complainant
“For sale. $300 cash; profitable business; experience unnecessary: plenty of machinery; experienced hands; call to-day. Purdy, 2160 Seventh avenue.”
“Wanted. Active young man as delivery driver; must have $300 cash; salary, to commence, $10; quick advancement for smart man. Marvin, World.”
“Wanted. Young man as office assistant and delivery driver; must furnish $250 cash; salary, to commence, $10; advancement. Andrews, World Office.”
“For sale. $300 cash necessary to establish a profitable business; great chance for lady or gentleman; call to-day. Purdy, 2160 Seventh avenue.”
The defendant was indicted on June 28th and convicted July 19, 1892, of grand larceny. He testified on his cross-examination that on April 4,1892, he had in his employment a Miss Mann and a Miss Kessler, both of whom he secured through advertisements, and that he borrowed of one $150 and of the other $200, and never had paid them. It was also shown that the defendant had no legal title to the property mortgaged, having purchased it on executory con
It is insisted that the indictment charges the defendant with taking only §300,—petit larceny, instead of grand larceny. The indictment charges that the defendant took §300 in United States treasury notes, and also “divers other” bank notes of the value of §300. This plainly charges the taking of §600.
The evidence of Danmyer that defendant never had the title to the mortgaged property bore upon the intent of the defendant in obtaining the money, and was competent. The contract between Wilcke and the defendant, of April 8, 1892, was not received in evidence, and the preliminary testimony by which the existence of a contract of that date was shown could not have prejudiced the defendant. The defendant was a witness in his own behalf, and it