STATE V. MILLER
192 Or. 188, 233 P.2d 786 (1951)
NATURE OF THE CASE: Miller (D) appealed a judgment in which D was convicted of the crime
of obtaining property by false pretenses pursuant to Or. Code Laws Ann. 23-537 by
fraudulently securing a guaranty on an existing debt.
FACTS: Miller (D) induced Hub Lumber to agree to guarantee his indebtedness to Howard
Cooper Corporation on his false representation that he owned a tractor free of encumbrance.
D executed a chattel mortgage on the tractor as security. D was not the sole and exclusive
owner free and clear of all encumbrances and liens on the tractor nor was the said mortgage
a good and valid subsisting mortgage of said personal property. The mortgage was worthless
and did not constitute a first lien upon the property nor did the said mortgage on the 24th
day of June, 1950, constitute a good and valid security for the payment of said promissory
note, but on the contrary the mortgage was worthless as security for said promissory note.
The tractor was being purchased by D under a conditional sales contract from Paul Ryan and
Dale Albright. D was fully aware of these circumstances. D was convicted of false pretenses
and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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