CHILDS, TRUSTEE IN BANKRUPTCY,

v.

EMPIRE TRUST CO.

Citator

Cited By (19 total)

• Neder v. United States, 527 U.S. 1 (U.S. 1999)
  …on the defendant’s misrepresentations”); United States v. Rowe, 56 F. 2d 747, 749 (CA2) (L. Hand, J.) (“Civilly of course the [mail fraud statute] would fail without proof of damage, but that has no application to criminal liability”), cert. denied, 286 U. S. 554 (1932). By prohibiting the “scheme to defraud,” rather than the completed fraud, the elements of reliance and damage would clearly be inconsistent with the statutes Congress enacted. But while the language of the fraud statutes is incompatible wit…
• United States v. George, 477 F.2d 508 (7th Cir. 1973)
  …ales available to a court, but he has suffered a wrong; he has lost his chance to bargain with the facts before him. That is the evil against which the statute is directed.” United States v. Rowe, 56 F. 2d 747, 749 (2d Cir. 1932), certiorari denied, 286 U.S. 554, 52 S.Ct. 579, 76 L.Ed. 1289. Here the fraud consisted in Yonan’s holding himself out to be a loyal employee, acting in Zenith's best interests, but actually not giving his honest and faithful services, to Zenith’s real detriment. No refuge can be…
• United States v. Dixon, 536 F.2d 1388 (2d Cir. 1976)
  …he sense of the mail fraud statute in the context of this case. We have already declined, in the area of private decision making, to follow the letter of Judge Learned Hand’s dictum in United States v. Rowe, 56 F. 2d 747, 749 (2 Cir.), cert. denied, 286 U.S. 554, 52 S.Ct. 579, 76 L.Ed. 1289 (1932), that “false representations, in the context of a commercial transaction, are per se fraudulent despite the absence of any proof of actual injury to any customer.” United States v. Regent Office Supply Co., supra,…