Supreme Court of Virginia July 15, 1849 (Williams v. Given)

Baldwin, J.

It is very clear that a purchase of goods from the owner, by means of a deceit as to the genuineness or value of the consideration paid, is not a theft but a cheat. It is essential to a larceny, that the property be taken without the consent of the owner, which cannot be in the case of a sale perfected, however fraudulently that consent may have been obtained.