Sunday, November 17, 2013

Durland v. United States case brief

Durland v. United States case brief summary
161 U.S. 306 (1896)


CASE SYNOPSIS
Defendant challenged the judgment of the United States District Court for the Eastern District of Pennsylvania, convicting him under 25 Stat. § 873 (1889), in connection with schemes to defraud, by selling bonds through circulars sent through the United States Post Office.

CASE FACTS
Defendant challenged the sufficiency of the indictments in his convictions under 25 Stat. § 873 (1889), in connection with schemes to defraud by selling bonds through circulars sent through the United States Post Office. Defendants alleged that the statute covered only such offenses as would constitute "false pretenses" at common law, requiring a misrepresentation as to some existing fact and not a mere promise as to the future.

DISCUSSION
  • On appeal, the United States Supreme Court affirmed the convictions, holding that the statute was broad, and intended to cover any scheme or artifice to defraud. 
  • The Court said that the statute must be read in light of the evils which it sought to remedy; lottery schemes by which a large return was promised on a small investment. 
  • In this light, the statute included everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future. 
  • The significant fact was defendant's intent and purpose to defraud.

CONCLUSION
The convictions were affirmed. Defendant's challenge to the sufficiency of the amendments on grounds that they failed to allege any misrepresentation of an existing fact was invalid, because the statute was broad, and intended to cover any scheme or artifice to defraud, including promises as to the future.


Recommended Supplements for Criminal Law

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.