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FRAZIER v. SILVER

July 18, 1960

Frank FRAZIER, a/k/a Erman Franklin Frazier, Plaintiff,
v.
Mary A. SILVER et al., Defendants



The opinion of the court was delivered by: MCGUIRE

The plaintiff is seeking a mandatory injunction directed to the Board of Revocation and Review of Hackers' Identification Cards, the effect of which will be to restore to him a hacker's license and a guide license. These licenses were revoked by the Board after hearing on June 22, 1960.

The notice to show cause or, in other words, the charge against Frazier formalized by the Board and of which he had notice, was framed in the following language:

 'You are not of proper character to operate a Public Vehicle. To Wit: It is alleged that on or about May 7, 1960 you were arrested on warrants for obtaining D.C. Title and Registration by misrepresentation.

 'It is further alleged that on or about Nov. 27, 1959 you did obtain money from the Diamond Cab Company Federal Credit Union under false pretense.'

 As to the first ground, it would appear that a mere arrest is not in itself sufficient ground for declaring a person not to be a proper 'character' for the purpose of operating a vehicle for hire. In pursuance of these arrest warrants an information was subsequently filed in the Municipal Court charging the plaintiff with obtaining both tags and title certification by misrepresentation. Trial was had and a verdict of not guilty entered. This result in itself serves to buttress the opinion already alluded to that arrest warrants standing alone can hardly be regarded as the basis and the predicate for a finding that the plaintiff in this case was an improper person to drive a public vehicle.

 The second ground upon which the plaintiff was ordered to show cause why his 'face' should not be suspended or revoked by the Board was an allegation that he obtained a loan from a Cab Credit Union under a false pretense, namely, the use of a name other than his legal name.

 False pretense may be defined as a false representation to another knowing it to be false and that the party to whom the representation was made relied upon the same to its detriment.

 The evidence discloses that the plaintiff, whose full given name is 'Erman Franklin Frazier' has at one time or another used the following names: 'E. F. Frazier,' 'E. Franklin Frazier,' 'Erman F. Frazier,' 'Erman Franklin Frazier' and 'Frank Frazier,' and it appeared that when he filled out a form which required him to give first, middle and last names, he did so, and usually signed the form in the same manner. In other situations where there was no first, middle and last name required, he signed the name 'Frank Frazier' which he testified is the name he usually went by. In support of this claim certain instrumental evidence was introduced by him, namely:

 b. 1957 and 1958 D.C. auto registration cards issued to Frank Frazier for a 1952 DeSoto limousine.

 c. A 1957 title certificate issued in the name of Frank Frazier for a 1952 DeSoto taxicab.

 d. A 1958 D.C. auto registration card issued in the name of Frank Frazier for a 1952 DeSoto taxicab.

 e. An instrument dated 20 Nov. 1958 purporting to be a mortgage of a 1952 DeSoto to the Skyview Cab Company under the name of Frank Frazier.

 f. An instrument dated 23 April 1958 purporting to be a mortgage of a 1952 DeSoto with limousine tags to the Skyview Cab Company ...


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