People v. Blakeley
New York Supreme Court
The prisoner was tried, at the Delaware Oyer and Terminer, in August, 1858, for forging and uttering, as true, a note and contract, which were in the words and figures following, to wit: “ Kortright, April 17, 1855. “ Thirty days from date, for value received, I promise to pay James Blakeley, or bearer, one thousand dollars, with use. “WILLIAM BLAKELEY.”
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The prisoner was tried, at the Delaware Oyer and Terminer, in August, 1858, for forging and uttering, as true, a note and contract, which were in the words and figures following, to wit: “ Kortright, April 17, 1855. “ Thirty days from date, for value received, I promise to pay James Blakeley, or bearer, one thousand dollars, with use. “WILLIAM BLAKELEY.” “Kortright, April 16,1855. “ I hereby acknowledge that the receipt given to me by my brother, James Blakeley, thirty-two years ago, in full of all notes, book accounts, actions, and causes of action, either in law or equity, to his fall…
1Opinion of the Court
By the Court,
Balcom, J.
The declarations of the prisoner, proved by the witness Givens, were made thirty-nine days subsequent to the date of the contract in question. When they were proved, no evidence had been given that the contract had been seen by any person prior to the time they were made. Such declarations, therefore, were properly admitted to show that the contract was not in existence when William Blakeley died, nor within thirty-nine days subsequent to its date. But it is claimed by the prisoner’s counsel, that because Givens was an attorney of this court, and was being consulted as…
2Cases cited6 opinions
- People v. MatherNew York Supreme Court · 1830
- People v. AbbotNew York Supreme Court · 1838
- People v. RectorNew York Supreme Court · 1838
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
- Agent of the State Prison v. RikemamCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by5 opinions
- La Beau v. PeopleNew York Supreme Court · 1855
- La Beau v. PeopleNew York Supreme Court · 1865
- Paul v. PaulNew Jersey Court of Chancery · 1883
- Pooler v. CurtissNew York Supreme Court · 1874
- Spearman v. StateCourt of Criminal Appeals of Texas · 1913