The end, to wit, the collection of his debt, was cer- tainly not wrongful or unlawfuL Justice WELLES continues to illustrate this doctrine, well and forcibly, as follows : " If a meets b in the highway, and by threatening his life, induces b, through fear, toSurrender his watch or horse to a, this is robberY If, in the caseSupposed, b defends him- self or escapes and retains his property, a is guilty of an attempt to rob If, however, in either case, a is able to satisfy the jury that he believed the property to be his, and that he was obtaining, or attempting to obtain what he honestlySupposed belonged to him, although, in fact, his claim was not legal, and the property really belonged to b, he should be acquittedSo, in the case of larceny, if the defend- ant canShow he took the goods alleged to beStolen, under a bona fide claim of right, the case becomes a mere trespasS In all these cases, the fraudulent intent is the essence of the offense.

" The following cases are illustrations of the principle that the end had in view, as well, as the means of accomplishing it, must be unlawful in order to constitute this offense.

In Peapk v Thomas (3 Hill R, 169), the defendant falsely represented to one Jones, against whom he held a promissory note, that it had been lost or burned, and thereby induced Jones to pay it.

Afterward, the defendant negotiated the note to another person for value, without apprising him that it had been paid The court held the conviction wrong, on the ground that Jones had not been defrauded The defendant, Thomas, by false representations and by artifice, had obtained payment of his debt.

In the case at bar,Smith, even assum- ing that he falsely represented that the flour and meal were on the cart, merely obtained payment, or rather part payment of a debt which was due, or which he believed due, from the prosecutriX In the case of The People v William* (4 Hill R, 9), the indictment charged that the defendant falsely pretended to Van Gilder that one Gray was about toSue him on a bond which he, theSaid Gray, then held and owned against Van Gilder, and that theSaid Gray was about to foreclose a certain mortgage which he then held and owned, and bySuch false pretenses obtained theSignature of Van Gilder to a deed of landS Although the facts were proved asStated in the indict- ment, the court held that the prisoner had committed no offense, and ordered a new triaL The principle underlying these, as well as all the authorities on theSubject, is, that if the intent be to collect a debt exist* ing, orSupposed to exist, there being inSuch case an absence of intent to cheat or defraud, or if the false representation or pretense beSuch that no legal injury can result, there is no criminal offense.