NELSON V. UNITED STATES
227 F.2d 21 (1955)
NATURE OF THE CASE: This was an appeal from a conviction for obtaining goods by false
pretenses in violation of D.C.Code 22-1301 (1951).
FACTS: Nelson (D) purchases merchandise from Potomac Distributors for resale. D's account
had become delinquent but D needed two more television sets and a washing machine. Potomac
refused to deliver the units unless his account was made current. D then represented himself
as the owner of a Packard car worth $4000 but failed to disclose that he had a prior debt on
the car of $3,028.08 secured by a chattel mortgage in favor of City Bank. D told Potomac
that he only owed $55 more dollars on that note. Potomac relied upon D's statement and
delivered him two television sets worth $136 each in return for a demand note for the entire
indebtedness ($2,047.37) secured by a chattel mortgage on the car. D promised to make a cash
payment on the note within a few days. D defaulted and the car was in a wreck and
repossessed by the bank. D was discovered to have left town. D was found and brought to
trial and convicted of obtaining goods by false pretenses. D did not deny any of the facts
but contends that there had been no misrepresentation of a material fact and no evidence
that Potomac Distributors was defrauded. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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