People v. Shall
Court Of Oyer And Terminer New York
At the last oyer and terminer, holden in Montgomery county, (May, 1829,) the defendant was convicted of forging *an instrument which was set‘forth in the indictment as follows: “ A certain promissory note of hand, which said note has bé$h and is lost, and the tenor and substance of which said false, forged and counterfeited note is as follows, that is to say : 1 Threá^ípbnths, after date, I promise to pay Sebastian I. Shall, or beared the sum of three dollars, in shoemaking,…
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At the last oyer and terminer, holden in Montgomery county, (May, 1829,) the defendant was convicted of forging *an instrument which was set‘forth in the indictment as follows: “ A certain promissory note of hand, which said note has bé$h and is lost, and the tenor and substance of which said false, forged and counterfeited note is as follows, that is to say : 1 Threá^ípbnths, after date, I promise to pay Sebastian I. Shall, or beared the sum of three dollars, in shoemaking, at cash price ; the work to be done at his dwelling house, near Simon Vrooman, m Minden. ' Min-den, August 24th, 1826.…
1Opinion of the Court
Cowen,
Circuit Judge, now delivered the opinion of the court. I still have to regret that this motion did not take the course which I suggested when it was moved, of a cer*819tiorari to the supreme court, and a decision by that forum. But counsel did not think the matter of sufficient importance to trouble that court with ; and it becomes our duty to pass upon it here.
It is scarcely necessary to observe that the instrument set out in this indictment, is not a promissory note within the statute of Anne : and it is agreed that the writing does not come within any of the statutes of forgery; it being…
2Cases cited1 opinion
- People v. FitchNew York Supreme Court · 1828
3Cited by25 opinions
- Fuller v. StateSupreme Court of Alabama · 1952
- Rembert v. StateSupreme Court of Alabama · 1875
- Goodman v. PeopleIllinois Supreme Court · 1907
- Brazil v. StateSupreme Court of Georgia · 1903
- State v. PierceSupreme Court of Iowa · 1859
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