Legal Opinion

State v. Schwartz

Wisconsin Supreme Court

Decided November 3, 1885PublishedCited by 4 opinions

REPORTED from the Circuit Court for Walworth County. The defendant was informed against for the crime of forging a promissory note, and was tried therefor, and convicted. The alleged forgery consisted in altering a valid promissory note. The original note was as follows: “ Elkhoen, May th 28, 1884. “ For value received, three months after date I promise to pay to Wm. Schwcvrtz, or order, $5.00 as per deed. “O. A. Baggs.”

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REPORTED from the Circuit Court for Walworth County. The defendant was informed against for the crime of forging a promissory note, and was tried therefor, and convicted. The alleged forgery consisted in altering a valid promissory note. The original note was as follows: “ Elkhoen, May th 28, 1884. “ For value received, three months after date I promise to pay to Wm. Schwcvrtz, or order, $5.00 as per deed. “O. A. Baggs.” The alteration consisted in the erasure of the $ mark, and the insertion of the figure 2 in its place, and the insertion at the end of the note of the words “ 10 per cent,…

1Opinion of the CourtLyoh, J.

The jury found that the defendant altered the note for five dollars as charged in the information, and that he did so must be regarded as a verity in the case. If the defendant, when he made such altei’ation, had inserted in the note the $ mark, or had written therein the word “ dollars,” immediately before or after the figures 25.00, the instrument would, if genuine, be a promissory note for the payment of $25 in lawful money, and such alteration of the original note would have been forgery. This is too plain to require discussion or reference to authorities. In such case all the'questions…

2Cases cited2 opinions

  1. Murrill v. HandySupreme Court of Missouri · 1853
  2. Northrop v. SanbornSupreme Court of Vermont · 1850

3Cited by4 opinions

  1. Lawless v. StateWisconsin Supreme Court · 1902
  2. Reeg v. AdamsWisconsin Supreme Court · 1902
  3. Eldridge v. KayAppellate Court of Illinois · 1906
  4. State v. WainwrightTennessee Supreme Court · 1913

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