Larceny, Embezzlement and Obtaining Property by False Pretences

R. W. G.
1920 Columbia Law Review  
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more » ... out Early Journal Content at JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact COLUMBIA LAW REVIEW His studies and scholarship in English legal history had won for him the sympathetic attention and interest of American law teachers and indicated him as especially qualified for the appointment as Carpentier Lecturer in the academic year 1919-20. His winning personality and his qualities as a man and as a teacher attracted the respect and affection of his students and associates, who feel deeply his death as a personal loss and as a loss to American legal scholarship. MILTON HYM3ES STERNFELD, Secretary of the REVIEW from June 1919, until his gaduation from the Columbia University School of Law in February, 1920, died suddenly on March 11, 1920. Although he was no longer connected with the REVIEW at the time of his death, the editors, who were associated with him for many months, keenly feel his loss and cherish his memory as that of a brilliant and self-sacrificing co-worker and a cheerful and inspiring companion. NOTES LARCENY, EMBEZZLEMENT AND OBTAINING PROPERTY BY FALSE PRE-TENCES.-What are the boundaries between the crimes of larceny, embezzlement and obtaining property by false pretences? This is a question which has been the source of infinite difficulty in the criminal law. An illustration of this fact is found in the recent case of People v. Mills Sing (Cal. Dist. Ct. of App., 2nd Dist. 1919) 183 Pac. 865. Certain potato growers agreed to sell the defendant potatoes which the defendant was to call for and which were to be paid for in cash on their delivery upon the following day. The next day, part of the potatoes were delivered to the defendant, without his paying for them, on the strength of his statement (after the seller had asked him for the purchase money) that his company was a 'big company" and that he would bring the money the next day. On the following day, the defendant was allowed to haul away more potatoes without paying for them. On the third day, a fellow-conspirator of the defendant came for the rest of the potatoes, and when asked for the purchase money stated that his company was a "very big company", and asked the seller to accompany him to the neighboring town where the potatoes were stored, saying, "I will pay right away". The seller, accordingly, accompanied the last lot of potatoes to a garage where they were stored, and was there given a card with the office address of the company printed thereon, and told that if he went to the office the next morning he would receive the money. The seller remained outside the garage watching the potatoes until morning, when he went to the address given but found no "office" and no "big company". On the seller's return to the garage, the potatoes had been removed by the defendant and converted to his own use. The court, after discussing whether the
doi:10.2307/1112549 fatcat:tahy2cubanh4lhbwp6l5l3mx3m