State v. Phelps
Supreme Court of Vermont
This was an information, in five counts, for the forgery of a Written instrument in the following words, to wit: “ No. St. Albans, February 18, 1836. Cashier of the Bank of St. Albans, pay James Wilson, “ or bearer, seven hundred dollars. «#700 “ N. W, KINGMAN.”
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This was an information, in five counts, for the forgery of a Written instrument in the following words, to wit: “ No. St. Albans, February 18, 1836. Cashier of the Bank of St. Albans, pay James Wilson, “ or bearer, seven hundred dollars. «#700 “ N. W, KINGMAN.” The .first count described the said instrumentas “an or- “ der for the payment of moneythe second count described it as “a request in writing for the payment of money” the third, as “ a certain order for the payment of money, com- “ monly called a bank check —the fourth as “ a request for “ the payment of money, commonly called a bank…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
In an indictment for forgery, the person or persons, intended to be defrauded may be alleged in general words, as “ Drummond & Co.” This has been holden sufficient as to natural persons, and “ The President, Directors & Co.,” is a good description of an artificial person.
*120Forgery, at common law, is the false making of any written instrument, for the purpose of fraud or deceit; and the offence is sufficiently alleged, when the forgery and the allegation of fraudulent intent fully appear, though no person is set forth as the one intended to be…
2Cases cited1 opinion
- Commonwealth v. BoyntonMassachusetts Supreme Judicial Court · 1806
3Cited by8 opinions
- State v. BadgerSupreme Court of Vermont · 1982
- People v. WolcottMichigan Supreme Court · 1883
- Warren v. StateTexas Supreme Court · 1867
- Corley v. StateSupreme Court of Arkansas · 1887
- State v. ComesSupreme Court of Vermont · 1984
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