|
|
United States v. New South Farm & Home Co., 241 U.S. 64 (1916)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. New South Farm & Home Co., 241 U.S. 64 (1916)
United States v. New South Farm & Home Company No. 808 Argued April 7, 1916 Decided April 21, 1916 241 U.S. 64
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF FLORIDA
Syllabus
While the fraudulent advertisements covered by the provisions of § 215, Criminal Code, prohibiting using the mails for advertisements, may not include those which merely puff the article to be sold by exaggerating its qualities, it does prohibit using the mails for fraudulent statements assigning to such article qualities which it does not possess.
An article alone is not necessarily the inducement and compensation for its purchase, but the use to which it may be put and the purpose it may serve, and there is deception and fraud within the meaning of § 215, Criminal Code, when the article is not of the character represented, and hence does not serve the purpose.
Persons employing such representations, if they are false, are engaged in a scheme to defraud within the meaning of § 215, Criminal Code.
The demurrer to an indictment under § 215, Criminal Code, having been sustained and the government having appealed under the Criminal Appeals Act, and the appellee having contended that the court below passed only on the sufficiency of the indictment, and did not consider the statute, held that, although such contentions did involve a consideration of the indictment, they involved also the construction of the statute; but, in reversing the district court as to its action in sustaining the demurrer, this Court has no intention of controlling the district court in its construction of the indictment and, so remands the case.
The facts, which involve the construction and application of § 215 of the Federal Criminal Code, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. New South Farm & Home Co., 241 U.S. 64 (1916) in 241 U.S. 64 241 U.S. 65. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=GMB93UEC5CCRPWD.
MLA: U.S. Supreme Court. "Syllabus." United States v. New South Farm & Home Co., 241 U.S. 64 (1916), in 241 U.S. 64, page 241 U.S. 65. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GMB93UEC5CCRPWD.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. New South Farm & Home Co., 241 U.S. 64 (1916). cited in 1916, 241 U.S. 64, pp.241 U.S. 65. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=GMB93UEC5CCRPWD.
|