People v. Matthews

Michigan Court of Appeals

People v. Matthews

333 N.W.2d 371, 124 Mich. App. 23

CourtMichigan Court of Appeals

DecidedMarch 9, 1983

DocketDocket No. 61146

StatusPublished

This text of 333 N.W.2d 371 (People v. Matthews) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Matthews, 333 N.W.2d 371, 124 Mich. App. 23 (Mich. Ct. App. 1983).

Pincite

Opinions

C. J. Hoehn, J.

The facts of this case and the applicable law are adequately set forth in Judge Cavanagh’s dissenting opinion. On these facts, we [25]*25conclude that the examining magistrate did not err in binding defendants over for trial.

The testimony adduced at the preliminary examination indicates that defendant Matthews made a false representation as to a past fact, i.e., that he had in the past negotiated with the mortgage company’s foreclosure committee. This representation was patently false since no such committee existed. Thus, we conclude that the prosecution established all the essential elements of the crime.

We note in closing that the liability of the corporation is primary and not vicarious since the originating letter of February 21, 1981, containing the false representation was in the name of the corporation and signed by its president and sole stockholder.

Affirmed and remanded for trial.

D. C. Riley, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

C. J. Hoehn, J.

The facts of this case and the applicable law are adequately set forth in Judge Cavanagh’s dissenting opinion. On these facts, we [25]*25conclude that the examining magistrate did not err in binding defendants over for trial.

The testimony adduced at the preliminary examination indicates that defendant Matthews made a false representation as to a past fact, i.e., that he had in the past negotiated with the mortgage company’s foreclosure committee. This representation was patently false since no such committee existed. Thus, we conclude that the prosecution established all the essential elements of the crime.

We note in closing that the liability of the corporation is primary and not vicarious since the originating letter of February 21, 1981, containing the false representation was in the name of the corporation and signed by its president and sole stockholder.

Affirmed and remanded for trial.

D. C. Riley, J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

333 N.W.2d 371, 124 Mich. App. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matthews-michctapp-1983.

Opinions

C. J. Hoehn, J.

Related

Cite This Page — Counsel Stack