People v. Miller
New York Supreme Court
Certiorari to Monroe County Sessions. The defendant was tried and convicted in the court below for obtaining the signature of one Nelson Peet as endorser thereof to a promissory note made by the defendant, dated August 26th, 1851, payable to said Peet or order at the Farmers’ and Mechanics’ Bank, in the city of Rochester, at sixty-three days for one thousand dollars, by false and fraudulent pretences.
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Certiorari to Monroe County Sessions. The defendant was tried and convicted in the court below for obtaining the signature of one Nelson Peet as endorser thereof to a promissory note made by the defendant, dated August 26th, 1851, payable to said Peet or order at the Farmers’ and Mechanics’ Bank, in the city of Rochester, at sixty-three days for one thousand dollars, by false and fraudulent pretences. The pretences charged were, that the defendant had not any notes in bank except two several promissory notes for the payment of one thousand dollars each endorsed by the said Peet, innuendo,…
1Opinion of the Court
By the Court, Welles, J.
The note in question, the endorsement whereof by the prosecutor, Peet, is charged to have been obtained by false and fraudulent pretences, was made and endorsed for the purpose of renewing a previous one of the same amount endorsed by the prosecutor, and was so stated and understood at the time it was endorsed; and the bill of exceptions shows it was so used and appropriated. It may be questionable whether such a case comes within the spirit and object of the statutes to punish false pretences. The prosecutor’s liability was not increased by the transaction, and it may…
2Cited by7 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
- People v. Bevilacqua, New York County Courts1958
- People v. WinnerNew York Supreme Court · 1894
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