People v. Call
Court for the Trial of Impeachments and Correction of Errors
Certiorari to the Columbia general sessions. The prisoner was convicted, in the general sessions, in June, 1844, of grand larceny, in stealing a promissory note.
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Certiorari to the Columbia general sessions. The prisoner was convicted, in the general sessions, in June, 1844, of grand larceny, in stealing a promissory note. The note was for the payment of $315,44 and interest, and ivas made by the prisoner, who was the principal debtor, and three other persons as his sureties, promising jointly and severally, and was payable to the complainant Corns, on demand, and dated the 25th of March, 1842. It appeared that some time before the commission of the alleged offence, T. A. Carle, one of the makers, having become dissatisfied with remaining longer surety…
1Opinion of the Court
By the Court, Beardsley, J.
The objection that this note was without value, and therefore could not be the subject of a larceny, cannot be sustained. Carle, whose name was erased from the note, was a surety for the' prisoner. The latter assented to the erasure, and cannot be allowed to set it up in discharge of himself. As the note was still binding upon the prisoner, saying nothing of the other signers, it had value, and therefore might be the subject of a larceny.
According to the evidence, as stated in the bill of exceptions, the note was handed to the prisoner for a special purpose, that…
2Cases cited1 opinion
- People v. AndersonNew York Supreme Court · 1817
3Cited by31 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- Dignowitty v. StateTexas Supreme Court · 1856
- Gardner v. StateSupreme Court of New Jersey · 1892
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