Commonwealth v. Butterick
Massachusetts Supreme Judicial Court
Indictment for forging securities for money, and uttering forged securities for money as genuine; containing originally ten counts, only the first two and last three of which are ma terial.
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Indictment for forging securities for money, and uttering forged securities for money as genuine; containing originally ten counts, only the first two and last three of which are ma terial. The first count charged that on March 12, 1866, at Sterling the defendant “ had in his custody and possession a certain bill of exchange for the payment of money,” of the following tenor “ $850. Sterling, March 12, 1866. Three months after date pay to the order of myself eight hundred and fifty dollars, value received, and charge the same to the account of your obedient servant, J. S. Butterick. To J. S.…
1Opinion of the CourtFoster, J.
The first exception is, that the judge at the trial refused to rule that there was no evidence that the forged name of J. M. Stevenson was placed by the defendant on the bill after he wrote his own name there as drawer, acceptor and first indorser. But we think the form of the instrument and the natural order of the names was evidence from which a jury was authorized to infer that they were actually written in the succession in which they purport to have been. There would seem to be little doubt that, when Butterick drew a bill on himself payable to his own order, he would have accepted it…
2Cases cited2 opinions
- Wildes v. SavageU.S. Circuit Court for the District of Massachusetts · 1839
- Mobley v. ClarkNew York Supreme Court · 1858
3Cited by14 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Harrell v. StateSupreme Court of Florida · 1920
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- Read v. United StatesDistrict Court, District of Columbia · 1924
- Commonwealth v. GoldsteinMassachusetts Supreme Judicial Court · 1873
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