Pennsylvania v. M'Kee
Pennsylvania Court of Common Pleas, Westmoreland County
ROBERT M'KEE being sued by David Semple, before a justice of the peace, for a balance of about thirty shillings, set up a defence, that the debt was contingent, and that the contingency had not happened — The justice gave judgment against him, and Semple dying, M'Kee went to the justice and produced a receipt in full, which he said was given him by Semple, and had been discovered by him since the judgment.
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ROBERT M'KEE being sued by David Semple, before a justice of the peace, for a balance of about thirty shillings, set up a defence, that the debt was contingent, and that the contingency had not happened — The justice gave judgment against him, and Semple dying, M'Kee went to the justice and produced a receipt in full, which he said was given him by Semple, and had been discovered by him since the judgment. The receipt had been originally given by Semple for a debt paid to him as administrator of Samuel Miller. But there was now an interlineation, in different ink, and smaller letters,…
1Opinion of the Court
President.
Though the first count pursues not the words of the act of assembly, yet if it state facts, which, in legal construction, amount to counterfeiting the hand and seal of another; why should it not be a good indictment on the act of assembly ? Such facts are here stated. This however may be questionable.
But there is no doubt, that the second count at common law fully comprehends this case ; and that the forgery of any writing, which may be prejudicial to another, is forgery at common law. The case of the King v. Ward is well founded, both on authority and principle ; and we rely on it,…
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