Kaufman v. State

Delaplaine, J., delivered the opinion of the Court. Saul Kaufman, of Baltimore, a dealer in dressed poultry, was charged on three indictments with having unlawfully obtained poultry and money from Julian B. Carrick, a dealer in live poultry, in violation of the Worthless Check Act. Code Supp. 1947, art. 27, sec. 152. The first indictment charged that on December 28, 1950, appellant unlawfully obtained from Carrick 9,814 pounds of chickens and $13.36 in cash by means of a check drawn by Edward Seidman and endorsed by ap ³⁷ pellant.

There was a discrepancy on the check between the figure and the amount written in words, but it was clearly understood that the check was intended to be for the sum of $2,500, because Carrick sold the chickens, which he had received from Mrs. Elizabeth Smith, of Queen Anne’s County, for $2,486.64 and gave appellant $13.36 to make up the difference. It was undisputed that Carrick refused to accept a check drawn by appellant, whereupon appellant left Carrick’s store on West Pratt Street to seek a loan. About a half hour later he returned with Seidman’s check drawn on the Equitable Trust Company to the order of Farm Foods Corporation, of which appellant was president. The check was presented for payment on January 5, 1951, but was dishonored on account of insufficient funds.

Carrick notified appellant that the check had been dishonored, but appellant failed to make it good. The second indictment charged that on January 2, 1951, appellant unlawfully obtained $1,000 from Carrick by means of a check drawn by Fay Kaufman, appellant’s wife, and endorsed by appellant. It was undisputed that appellant asked Carrick to loan him $1,000, and that Carrick refused to accept a check drawn by appellant, but accepted his wife’s check. This check, dated December 6, 1950, was drawn on the Union Trust Company to the order of cash.

It was presented for payment on January 5, 1951, and was dishonored on account of insufficient funds, but appellant failed to make it good. The third indictment charged that on February 16, 1951, appellant unlawfully obtained 4,841 pounds of chickens from Carrick by means of a check for $1,500 drawn by Saul K. Lasky, a dealer on Gay Street, and endorsed by appellant. It was undisputed that Carrick agreed to sell this lot of poultry to appellant, but he again refused to accept a check drawn by appellant. Appellant made a cash deposit of $50 and then went out of the store to seek a loan.

Shortly afterwards Carrick received a telephone call from Lasky, who promised that ³⁸ he would loan appellant $1,500. After the telephone conversation, appellant returned with Lasky’s check drawn on the Calvert Bank to the order of appellant. After endorsing the check, appellant tendered it to Car-rick, and the chickens were delivered to appellant. The check was presented for payment, and was dishonored for the reason that Lasky had no account at the bank, but appellant failed to make it good.

The cases were tried by the Criminal Court of Baltimore without a jury. The Court found appellant guilty upon all three indictments and sentenced him to the Maryland House of Correction. On this appeal from the judgment of conviction, appellant contends that he had no intention to defraud Carrick. He claims that it had been his practice to give Carrick a check, and Carrick would hold it until cash was paid, and that he gave the three checks in dispute with the same understanding.

At common law it was an indictable offense from time immemorial to cheat any person of his money or chattels by using false weights or false measures. By the Statute of 33 Henry VIII, ch. 1, passed long before the American Revolution, cheating by means of false tokens was also made an indictable offense. Even after the passage of this Statute the fraud, in order to be a crime, must have been public in its nature by being calculated to deceive or injure the public in general, or by affecting the public trade or revenue or the public health, or being in fraud .of public justice. In Commonwealth v. Warren, 6 Mass. 72 , Chief Justice Parsons said: “The object of the law is to protect persons who in their dealings use due diligence and precaution, and not persons who suffer through their own credulity, carelessness, or negligence.

But as prudent persons may be overreached by means of false weights, measures, or tokens, or by a conspiracy, where two or more persons confederate to cheat, frauds effected in either of these ways are punishable by indictment.” In the course of time it was found that the law was inadequate to prevent the perpetration of many flagrant ³⁹ frauds. Obtaining property by a false representation of fact was not a criminal offense at common law. It was held that a person who fraudulently obtained money or goods by means of a worthless check drawn on a bank in which he had no funds could not be prosecuted for cheating, as the check was not a false token. Williams v. Territory, 13 Ariz. 27 , 108 P. 243 , 27 L. R. A., N. S., 1032.

Since 1836 Maryland has had the statute providing that any person who shall by any false pretense obtain from any other person any chattel, money or valuable security, with intent to defraud any person of the same, shall be guilty of a misdemeanor. Laws 1835, ch. 319, Code 1939, art. 27, sec. 150. The Maryland Worthless Check Act, which was first enacted by the Legislature in 1914, and finally re-enacted in 1941, provides that any person who, with intent to cheat and defraud another, shall obtain money, credit, goods, or anything of value by means of a check drawn upon any bank not indebted to the drawer, or where the drawer shall not have provided for the payment, and the same be not paid upon presentation, shall be deemed to have obtained such money, credit, goods or things of value by means of a false pretense. The statute expressly declares that the giving of such a check shall be prima facie evidence of intent to cheat or