People v. Peabody
New York Supreme Court
The prisoner was convicted of forgery, at the Tomkins oyer and terminer, in September, 1840, before the Hon. Robert Mosell, one of the circuit judges, and his associates.
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The prisoner was convicted of forgery, at the Tomkins oyer and terminer, in September, 1840, before the Hon. Robert Mosell, one of the circuit judges, and his associates. The fourth count of the indictment charged, that Peabody, on, *&c., at, &c., feloniously had in his [ *478 ] possession a large number, to wit, twenty of forged altered and counterfeit negotiable notes for the payment of money, commonly called bank notes, issued, or purporting to have been issued by a company duly authorized for that purpose, to wit: The Bank of Warsaw; which said forged, altered and counterfeit notes are in…
1Opinion of the Court
[ *474 J *By the Court,
Nelson, C. J.
There'can be no doubt but that the prisoner has been properly convicted under the fourth count of the indictment.
The principle of the case of The People v. Davis, 21 Wendell, 309, * settles that it was not material to show that in point of fact the Bank of Warsaw had a legal existence ; it is enough, if the forged instrument purported to have been issued by a corporation or company duly authorized for that purpose, &c.
Now, were we to admit that the banks, under the general banking law, by one of which the forged notes in question purported to have been issued,…
2Cases cited1 opinion
- People v. DavisNew York Supreme Court · 1839
3Cited by9 opinions
- Smith v. StateIndiana Supreme Court · 1867
- McCartney v. StateIndiana Supreme Court · 1852
- Noakes v. . the PeopleNew York Court of Appeals · 1862
- The People v. . D'ArgencourNew York Court of Appeals · 1884
- Johnson v. StateCourt of Criminal Appeals of Texas · 1895
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