Commonwealth v. Foster
Massachusetts Supreme Judicial Court
Indictment containing four counts, each for uttering a forged promissory note. The notes described in the indictment were as follows : “ Boston, Aug, 12, 1871. Three years after date we promise to pay to the order of ourselves twenty-six thousand dollars, value received. Payable at any bank in Boston with interest at 8j per cent, semi-annually.
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Indictment containing four counts, each for uttering a forged promissory note. The notes described in the indictment were as follows : “ Boston, Aug, 12, 1871. Three years after date we promise to pay to the order of ourselves twenty-six thousand dollars, value received. Payable at any bank in Boston with interest at 8j per cent, semi-annually. Little & Co.” “ Boston, Mass., Feb. 7, 1872. Six months after date I promise to pay to the order of myself thirty-eight hundred and eighty dollars, value received, with interest at 8J per cent. James H. Thompson.” “ Boston, Feb. 19, 1872. Eight months…
1Opinion of the CourtWells, J.
Two questions are presented by the instructions in regard to the note signed “ Little & Co.” First, whether the fact that the manual operation of attaching the signature was performed by a person of the name of Little who had done business under the name of Little & Co., is incompatible with a verdict finding the note to be a forgery. Second, whether it may be found to be a forgery on the part of one who procures it to be so made, intending to use it as the note of some other party or pretended party and thereby defraud another, although Little was innocent of fraudulent intent, and signed…
2Cases cited2 opinions
- United States v. TurnerSupreme Court of the United States · 1833
- Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1813
3Cited by30 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- People v. BenditCalifornia Supreme Court · 1896
- International Union Bank v. National Surety Co.New York Court of Appeals · 1927
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