網頁圖片
PDF
ePub 版

five hundred and sixty-seven, by a person who knows that the drawer thereof is not entitled to draw for the sum specified therein, upon the drawee, is the use of a false token within the meaning of those sections, although no representation is made in respect thereto.

See section 529, ante.

Fraudulent check.-If one who has no money or credit at a bank draws a check thereon and obtains money therefor from some third person, he may, it seems, be guilty of a crime under this section. People v. Clements, 3 St. Rep., 700; 42 Hun, 289; 5 N. Y. Cr., 280.

The mere possession of the check by such third person would be no evidence of the crime.

Id.

Proof would have to be given of the obtaining of the money from him by such check.

Id.

Obtaining goods on a worthless, post-dated check of a third party who had kept no account at the bank on which it was drawn, is within the statute. Lesser . People, 12 Hun, 668; aff'd, 73 N. Y., 78.

0.

Where a person purchases property and gives there for his check dated the day of the sale, but payable subsequently, when he has no account in the bank on which the check is drawn, but the whole transaction is a device to cheat, e is properly conuicted of obtaining goods by false pretenses. Foote v. Peole, 17 Hun, 213.

$570. Obtaining employment by false statement or raudulent representation as a deaf and dumb person, a nisdemeanor.-A person who obtains employment, or appointnent to any office or place of trust by color or aid of any false or forged letter or certificate of recommendation, or of any false statement in writing as to his name, residence, previous employment or qualification, or any person who shall willfully and inte.tionally fraudulently represent himself or herself to be a deaf and dumb person in order to collect, receive or otherwise obtain' moneys, food, clothing or anything of value whatsoever, is guilty of a misdemeanor.

Am'd by chapter 654 of 1886.

This amendment added the latter provision of the present section.

$571. Selling or secreting property with intent to defraud. A person who, having theretofore executed a mortgage of personal property, or any instrument intended to operate as ch, sells, assigns, exchanges, secretes, or otherwise disposes of iny part of the property, upon which the mortgage or other intrument is at the time a lien, with intent thereby to defraud the mortgagee, or a purchaser thereof, is guilty of a misdemeanor. This section was inserted by chap. 384 of 1882.

The sale of mortgaged chattels by the mortgagor, with the full permission of the mortgagee to sell, is not within the statute. Millichamp v. People, 14 W. Dig., 252. But where such permission is only to enable him to pay the mortgage, and he, with fraudulent intent, planned to sell and convert the proceeds to his own use, the case is within the statute. Id.

The People ex rel. Stokes v. Risely, 38 Hun, 281; 4 N. Y. Cr., 109, Vaus v. Middlebrook, 3 St. Rep., 277.

§ 572. Pawning, etc., borrowed property.-A person who, without the consent of the owner thereof, sells, pledges, pawns, or otherwise disposes of any property which he has borrowed or hired from the owner, is guilty of a misdemeanor; but this section does not apply to a person leasing or lending property, for a time not exceeding that for which the same was leased or lent to himself.

This section was inserted by chapter 384 of 1882.

By chapter 092 of 1892, the then section 573 was made part of this section.
See section 355, ante.

573. Personating beneficiary of entrance ticket.-A person who, with intent to wrongfully convert to his own use the benefits secured by any ticket, contract, or other paper or writ ing, appearing upon its face not negotiable, and which entitles, or purports to entitle the person whose name appears therein, to entrance upon the grounds or premises of a membership corporation, or being thereupon, to remain upon such grounds or premises, falsely personates or attempts to so personate any individual named in such ticket, contract or other paper or writ ing, as the grantee or beneficiary thereof, is guilty of a misde

meanor.

New. Added by chap. 692 of 1892.

§ 574. Mock auctions.-A person who obtains money or property from another, or obtains the signature of another to any writing, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property by auction, or by any of the practices known as mock auctions, is punishable by imprisonment in a state prison not exceeding three years, or in the county jail not exceeding one year or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment; and in addition thereto he forfeits any license he may hold to act as an auctioneer, and is forever dis qualified from receiving a license to act as auctioneer within this state.

See section 443, ante.

See chap. 289 of 1893, amending section 991 of chap. 410 of 1882, relative to auctions and auctioneers.

CHAPTER VII.

Fraudulently Fitting Out and Destroying Vessels.

SECTION 575. Person willfully destroying vessel, etc.

576. Fitting out or lading any vessel, with intent to wreck the same. 577. Making false manifest, etc.

§ 575. Person willfully destroying vessel, etc.-A person, who wrecks burns, sinks, scuttles, or otherwise injures or destroys a vessel, or the cargo of a vessel, or willfully permits the

same to be wrecked, burned,. sunk, scuttled, or otherwise injured or destroyed, with intent to prejudice or defraud an insurer or any other person, is punishable by imprisonment for not more than five years.

$576. Fitting out or lading vessel, with intent to wreck the same.—A person who fits out any vessel, or who lades any cargo on board of a vessel, who with intent to permit or cause the same to be wrecked, sunk, or otherwise injured or destroyed, and thereby to defraud or prejudice an insurer or another person, is punishable by imprisonment in the state prison. not exceeding ten years.

Am'd by chap. 662 of 1892.

* So in original.

This amendment omitted the statement of the minimum limit of punish

ment.

577. Making false manifest, etc.-A person, guilty of preparing, making or subscribing, a false or fraudulent manifest, invoice, bill of lading, ship's register or protest, with intent to defraud another, is punishable by imprisonment in a state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or both.

CHAPTER VIII.

Misconduct and Frauds in Relation to Insurance Corporations, Associations and Societies.

SECTION 577a. False statements in application for membership.

577b. Discriminations and rebates by life insurance corporations prohibited.

577c. Acting as agent of life insurance corporation without certifi

cate of authority.

577d. Fire insurance corporations to use standard policy only.
577e. Overcharges by marine insurance agents.

577f. Misconduct of officers and agents of corporations for the in-
surance of domestic animals.

557g. Transfers to and reinsurance of risks in unauthorized foreign
corporations prohibited to co-operative associations.
557h. Misconduct of officers and agents of co-operative insurance
companies.

5571. Acts of agents of fire or marine insurance corporations organ-
ized in other countries, after revocation of certificate.

577j. Acting for foreign insurance corporation which has not designated superintendent of insurance as attorney.

578.

579.

Destroying property insured.

Presenting false proof of loss in support of claim upon policy of insurance.

3577a. False statements in applications for membership-Any applicant, officer, agent, solicitor, examining physian, surgeon or other person, who knowingly or willfully makes

false or fraudulent statements or representations in or with ference to any application for membership or reinstatement or

any other documentary or other proof for the purpose of obtaining or reinstating membership in or benefit from any fraternal beneficiary society, order or association, any corporation, association or society transacting the business of life or casualty insurance or both, upon the co-operative or assessment plan, or a corporation for the insurance of domestic animals, is guilty of a misdemeanor.

Added by chapter 692 of 1892.

Am'd by chapter 692 of 1893.

This amendment inserted the words "any application for membership or reinstatement or any," and or reinstating," into the former section, and will

[ocr errors]

go into effect October 1, 1893.

8577b. Discriminations and rebates by life insurance corporations prohibited. Any life insurance corporation doing business in this state, or any officer or agent thereof, who,

1. Makes any discrimination in favor of individuals of the same class or of the same expectation of life either in the amount of the premium charged or in any return of premiums, dividends or other advantages, or

2. Makes any contract for insurance or agreement as to such contract other than that which is plainly expressed in the policy issued, or

3. Pays or allows, or offers to pay or allow as an inducement to any person to insure, any rebate or premium, or any special favor or advantage whatever, in the dividends to accrue thereon or any inducement whatever not specified in the policy, or

4. Makes any distinction or discrimination between white persons and colored persons, wholly or partially of African descent. as to the premiums or rates charged for policies upon the lives of such persons, or in any other manner whatever; or demands or requires a greater premium from such colored persons than is at that time required by such company from white persons of the same age, sex, general condition of health and prospect of longe vity; or makes or requires any rebate, diminution or discount upon the amount to be paid on such policy in case of the death of such colored person insured, or inserts in the policy any condi tion, or makes any stipulation whereby such person insured shall bind himself, or his heirs, executors, administrators and assigns to accept any sum less than the full value or amount of such policy in case of a claim accruing thereon by reason of the death of such person insured, other than such as are imposed upon white persons in similar cases, is guilty of a misdemeanor.

Added by chapter 692 of 1892.

577c. Acting as agent of life insurance corporation without certificate of authority.-Any person acting as agent, sub-agent, or broker of a life insurance corporation doing business in this state, except as agent operating solely on the weekly pay

ment plan of insurance, who solicits or procures applications for insurance without first procuring a certificate of authority from the superintendent of insurance, is guilty of a misdemeanor. Added by chap. C92 of 1892.

$ 577d. Fire insurance corporations to use standard policy only. Any fire insurance corporation, or any officer or gent thereof, who makes, issues, delivers, or offers to deliver any policy of insurance on property in this state, which does not conform in all particulars as to blanks, size of type, context, provi Sons, agreements and conditions with the printed form or contract of policy filed in the office of the secretary of state, known and signated as the "Standard fire insurance policy of the state of New York," except as to such exceptions as are specially provided and allowed by law, is guilty of a misdemeanor, punishable by a ne of not less than twenty-five nor more than one hundred dolirs for the first offense, and of not less than one hundred or more tuan two hundred and fifty dollars for each subsequent offense. Added by chap. 692 of 1892.

8577e. Overcharges by marine insurance agents.Any agent, shipper or other person, representing or acting for a marine insurance corporation doing business in this state; who, 1. Charges or receives, directly or indirectly, from any person for insurance of any property in transit upon the canals of the state, any greater sum than the original rates of premium fixed the corporation for the insurance of such property; or

2. Demands or receives upon any policy of insurance issued on any such property, for the business of obtaining such insur Le, a sum of money, as compensation or remuneration by way f salary, commission or in any other capacity, which includes in y case, over fifteen per centum of the premium, is guilty of a asdemeanor.

Added by chap. 692 of 1892.

5771. Misconduct of officers and agents of corporations for the insurance of domestic animals.-Any officer or at of a corporation organized for the insurance of domestic mals who,

1. Refuses to make any report or perform any duty required

law; or

2 Intentionally makes any false or fraudulent statement or retis guilty of a misdemeanor punishable by a fine of not less an one hundred or more than five hundred dollars.

Added by chap. 692 of 1892.

577g Transfers to and reinsurance of risks in unauthorized foreign corporations prohibited to co-operative Associations.-Any officer, manager, director or agent of a cas

« 上一頁繼續 »