State v. Miller

192 Or. 188, 233 P.2d 786 (1951)

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Nature of the Case

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Facts

Miller (D) induced Hub Lumber to agree to guarantee his indebtedness to Howard Cooper Corporation on his false representation that he owned a tractor free of encumbrance. D executed a chattel mortgage on the tractor as security. D was not the sole and exclusive owner free and clear of all encumbrances and liens on the tractor nor was the said mortgage a good and valid subsisting mortgage of said personal property. The mortgage was worthless and did not constitute a first lien upon the property nor did the said mortgage on the 24th day of June 1950, constitute a good and valid security for the payment of said promissory note, but on the contrary, the mortgage was worthless as security for said promissory note. The tractor was being purchased by D under a conditional sales contract from Paul Ryan and Dale Albright. D was fully aware of these circumstances. D was convicted of false pretenses and appealed.