Nelson v. United States
United States Court of Appeals for the District of Columbia
227 F.2d 21 (1955)
Nelson (defendant), already $1,800 in arrears with wholesaler Potomac Distributors, sought more merchandise on credit and offered his Packard car as security, falsely telling Potomac he owed only $55 on the car when in fact a bank held a $3,028.08 lien on it. Relying on that misrepresentation, Potomac delivered $136 worth of televisions and took a note secured by a chattel mortgage on the car and the goods. Nelson never made a payment, left town, and the car was later repossessed by the bank after a collision. Nelson was convicted of obtaining goods by false pretenses and appealed, arguing there was no proof of intent to defraud.
Whether the intent to injure or defraud may be presumed when the unlawful act resulting in loss or injury is proved to have been knowingly committed.