De Bow v. People
Court for the Trial of Impeachments and Correction of Errors
Error to the Ontario general sessions. De Bow was indicted in the court below for passing, and for having in his possession with intent to pass, certain forged and counterfeited bank notes. In some of the counts, the charge was, that he intended to defraud the Bank of Warsaw. The defendant pleaded not guilty.
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Error to the Ontario general sessions. De Bow was indicted in the court below for passing, and for having in his possession with intent to pass, certain forged and counterfeited bank notes. In some of the counts, the charge was, that he intended to defraud the Bank of Warsaw. The defendant pleaded not guilty. On the trial, the district attorney gave evidence of the defendant’s acts; and also gave in evidence certain articles of association entered into by several individuals on the 28th December, 1838, in pursuance of the “ act to authorize the business of banking,” by which the associates…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is a part of the crime ' charged upon the defendant, and of which he has been convicted, That he intended to defraud the Bank of Warsaw. That was an association formed under the general banking law of 1838; and if the law was not a constitutional exercise of power on the part of the legislature, it follows that there was no such legal being as the Bank of Warsaw to be defrauded, and the defendant has been improperly convicted. The objection was taken on the trial that the law did not receive the assent of two-thirds of the members of the legislature, and was…
2Cases cited3 opinions
- People v. MorrisNew York Supreme Court · 1835
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- Thomas v. DakinNew York Supreme Court · 1839
3Cited by26 opinions
- Gardner v. CollectorSupreme Court of the United States · 1868
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Sherman v. StoryCalifornia Supreme Court · 1866
- Spangler v. JacobyIllinois Supreme Court · 1853
- The People v. . DevlinNew York Court of Appeals · 1865
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