Nelson v. United States
227 F.2d 21 (1955)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Holding & Decision
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