8 Ga. App. 449 | Ga. Ct. App. | 1910
The plaintiff in error was indicted for a violation of section 65S of the Penal Code of 1895, which is in the following language; “If any person, by false representation of his own respectability, wealth, or mercantile correspondence and con
The specific charge in the indictment was that the defendant represented that he was the owner of a two-story building in the town of Soperton, of the value of $3,000, and that there were no mortgages on this real estate, and that he had made no loans from banks: and it was charged that these representations were false and fraudulent, and were made with the intent to induce the prosecutor to extend to him credit for the purchase-price of a lot of shoes, amounting to $757; that in truth and in fact, at the time of making these representations for the purpose aforesaid, the defendant had made, executed, and delivered to the Bank of Soperton his promissory note for $1,340, which'was then due and unpaid, and it was secured by a mortgage executed by the defendant on the two-story building above mentioned, which mortgage was then held by the bank and was unpaid and uncancelled. And it is further charged that the representation that the store was of the value of $3,000 was untrue, and that in fact the store was only worth $1,750. It is charged further in the indictment that by these false and fraudulent representations the Britt-Carson Shoe Company was induced to part with its property, to wit, the shoes, of the value of $757, described in the indictment, and was thereby cheated and defrauded out of said sum of $757. In proof of the allegations of the indictment it was shown that the defendant, for the purpose of obtaining the credit for the shoes, made a written statement as to his wealth and financial condition, which written statement induced the prosecutor to extend the credit and ship to the defendant the shoes. The material part of this written statement is as follows: “For'the purpose of obtaining credit with the Britt-Carson Shoe Co., of Columbus, Ga., I do hereby make the following true statement, showing my present financial condition: Assets: Merchandise on hand, at actual cash value, $1,800; good notes and accounts, $800; cash on hand and in bank, $500; real estate, . . two-story building, $3,000. Liabilities: Due for merchandise, open account, $200; due for merchandise, closed with notes, $30; past due for merchandise, $50; loans from. banks, x; loans from friends, x; mortgage on-
It is conceded by the learned counsel for the plaintiff in error that representations may arise by symbols, signs, or tokens, which are calculated to deceive another, but it is contended that' when representations arise in that way, the symbols or tokens used must he set forth in the indictment under proper allegations, in order to warrant a conviction for representations made by false tokens or symbols; that in the present case no such allegations are made in the indictment; that the allegations in the indictment contain assertions of facts, to wit, that the defendant made positive representations as to loans from banks and loans from friends, and. as to mortgages upon real estate; that the State failed to prove that any representations were made, and that the written statement contained no answer, either “yes” or “no,” to the questions propounded therein, but simply cross-marks opposite these questions. So the question is, what is meant by the word “representation,” as used in the section of the Penal Code which declares that “if any person, by false representation of his own respectability, wealth, or mercantile correspondence and connections, shall obtain a credit, .and thereby defraud any person of any money, or other valuable thing,” etc. ? Does the word “representation” mean, in this section, that the defendant, before he can be convicted, shall by words make the statement of his own respectability, wealth, or mercantile correspondence and connections, or has the word “representation” a much broader signification? In its strict sense, as defined by lexicographers, a representation is an assertion or statement of some fact; but we think that the word “representation,”
The written statement made by the defendant recites: “For the purpose of obtaining credit with the Britt-Carson Shoe Co., of Columbus, Ga., I do hereby make the following true statement, showing my present financial condition.” And the defendant sent this statement to the prosecutor, purporting to be a time statement of his assets and liabilities. He answered specifically the questions propounded to him in the statement as to his assets and as to his liabilities, but opposite the questions as to loans from banks and mortgages on real estate he placed cross-marks. It was his duty to answer-all the questions propounded plainly and unequivocally, and not to answer in such manner as to deceive and make a false impression as to the facts. Can it be doubted that he intended the Britt-Carson Shoe Company to construe these statements as meaning a representation by him that he had no loan from the bank and had no mortgage on his real estate? Can any
Judgment affirmed.