State v. Mendenhall

• Decision Date: 02 February 1901
• Citation: 24 Wash. 12,63 P. 1109
• Parties: STATE v. MENDENHALL.
• Court: Washington Supreme Court

63 P. 1109

24 Wash. 12

STATE v. MENDENHALL.

Supreme Court of Washington

February 2, 1901

Appeal from superior court, Yakima county; John B. Davidson, Judge.

Edward B. Mendenhall was convicted of obtaining goods under false pretenses, and he appeals. Affirmed.

Henry J. Snively, for appellant.

J. J Rudkin and Frank H. Rudkin, for respondent.

DUNBAR J.

The defendant, a representative of the Copper State Fruit Company, a corporation doing business in Butte, Mont., came to North Yakima for the purpose of buying fruit. The Copper State Fruit Company was a commission house engaged in the buying and selling of fruit. In North Yakima the defendant met the prosecuting witness, Perry, who was at the time engaged in purchasing and selling fruit in Yakima county. It was agreed between them that Perry should purchase apples to be shipped to Butte, Mont., and there placed in cold storage, and sold, and the net profits, after deducting storage charges, etc., divided between Perry and the Copper State Fruit Company. A draft was to accompany the shipping receipts, and the apples were to be substantially paid for on arrival at Butte, and before delivery. Before this agreement was made the prosecuting witness had contracted for and purchased a portion of the apples which were afterwards shipped. Before the shipments were made the defendant represented to Perry that he had deposited to his credit in the Yakima National Bank of North Yakima the sum of $5,000 which Perry could draw against for the purchase price of the apples about to be shipped. It was then stated by Perry to the defendant, in an interrogatory manner, that it would not be necessary for him to draw against the apples when shipped according to the original agreement, and the defendant replied that it would not. According to the testimony of Perry, relying upon the representations that the money had been deposited as stated, and believing the representations to be true, he delivered to defendant the apples in question which were shipped over the Northern Pacific by the defendant, consigned by the Copper State Fruit Company to the Copper State Fruit Company at Butte. On his return to North Yakima, these representations having been made in the country about 20 miles from town, and after the shipment of the apples, Perry discovered that no money had been placed to his credit in the bank, and immediately stopped the apples in transit, and subsequently had them restored to him. Thereupon he filed an information, the charging part being as follows: 'He, the said Edward B. Mendenhall, on the 24th day of October, 1899, A. D., in the county of Yakima, state of Washington, then and there being, did then and there unlawfully, feloniously, and designedly obtain from one J. M Perry four car loads of apples, of the value of two thousand six hundred and fifty dollars, lawful money of the United States, of the goods and chattels of him, the said J. M. Perry, by then and there unlawfully, feloniously, designedly, and falsely representing and pretending to him, the said ...