People v. Rathbun
New York Supreme Court
Indictment for forgery. Benjamin Rathbun, the prisoner, being in the city of New York, enclosed in a letter directed to David E. Evans, of Batavia, in the .county of Genessee, three promissory notes, of $5000 each, drawn by himself, and purporting to be endorsed by eleven individuals, to whom the notes were made payable ; desiring Mr. Evans to make and send to him three notes of similar ¡amounts, drawn by Mr. Evans, payable to ¡the prisoner, .and to keep the notes sent to…
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Indictment for forgery. Benjamin Rathbun, the prisoner, being in the city of New York, enclosed in a letter directed to David E. Evans, of Batavia, in the .county of Genessee, three promissory notes, of $5000 each, drawn by himself, and purporting to be endorsed by eleven individuals, to whom the notes were made payable ; desiring Mr. Evans to make and send to him three notes of similar ¡amounts, drawn by Mr. Evans, payable to ¡the prisoner, .and to keep the notes sent to him for his indemnity. The letter, with its inclosures, was post marked at New York ■on 13th April, 1836, and was received…
1Opinion of the Court
By the Court,
Cowen, J.
I think none of the exceptions to the admission or rejection of evidence were well taken. 'The objections to admission were in the main professedly founded on irrelevancy, which always depends upon the object for which testimony is offered. While many times it may not be obviously relevant, when referred to the issue -upon the record, it becomes quite material for the purpose of collateral issues arising in the course of the cause. The direct issue was the forgery and the fraudulent uttering of -She note mentioned in the third count, and much of the testimony objected to…
2Cases cited7 opinions
- People v. MatherNew York Supreme Court · 1830
- United States v. WorrallSupreme Court of the United States · 1798
- Willard v. WarrenNew York Supreme Court · 1837
- Townsend v. StateIndiana Supreme Court · 1828
- People v. ComstockNew York Supreme Court · 1832
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3Cited by96 opinions
- Schick v. United StatesSupreme Court of the United States · 1904
- In Re PalliserSupreme Court of the United States · 1890
- People v. WerblowNew York Court of Appeals · 1925
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
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