Commonwealth v. Welch
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 204, § 1, in eight counts. The first count charged that the defendant “ did falsely make, forge, and counterfeit a certain indorsement upon a certain false, forged, and counterfeit promissory note for the payment of money, which said note was of the tenor following, that is to say: ‘ Salem, March 29, 1887. $500. Six months after date, for value received, I promise to pay to the order of myself, five hundred dollars yoo' Payable at No. Due J. A.…
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Indictment on the Pub. Sts. c. 204, § 1, in eight counts. The first count charged that the defendant “ did falsely make, forge, and counterfeit a certain indorsement upon a certain false, forged, and counterfeit promissory note for the payment of money, which said note was of the tenor following, that is to say: ‘ Salem, March 29, 1887. $500. Six months after date, for value received, I promise to pay to the order of myself, five hundred dollars yoo' Payable at No. Due J. A. Hurd.’ And which indorsement was of the tenor following, that is to say, ‘ J. A. Hurd,’ with intent thereby then and…
1Opinion of the CourtKnowlton, J.
The defendant contends that the indictment does not sufficiently allege that the indorsement referred to in each of the counts was anything more than an immaterial writing upon the back of the note, which did not change the character or legal effect of it.
In Commonwealth v. Spilman, 124 Mass. 327, it was so held in regard to an indictment that charged a forgery of an indorsement, which was merely the name of a stranger to the note, written across its back, with nothing else to show that he had any relation to it. But in the case at bar, the indorsement appears to change the whole character…
2Cases cited2 opinions
- Commonwealth v. SpilmanMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. DallingerMassachusetts Supreme Judicial Court · 1875
3Cited by2 opinions
- Commonwealth v. BondMassachusetts Supreme Judicial Court · 1905
- McGaffigan v. City of BostonMassachusetts Supreme Judicial Court · 1889