Legal Opinion

Phelps v. People

New York Supreme Court

Decided January 15, 1876Published

.Writ of error to the Court of Oyer and Terminer in and for the county of Albany. The plaintiff in error was indicted at a Court of General Sessions, by the grand jury of Albany county, in the month'of November, 1873, for the crime of grand larceny, in stealing a written instrument for the payment of the sum of $7,500, made and drawn by S. C. Lewis, as secretary of the Farmers and Mechanics’ Savings Bank of Lockport, upon the Central.National Bank of the City of New York,…

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.Writ of error to the Court of Oyer and Terminer in and for the county of Albany. The plaintiff in error was indicted at a Court of General Sessions, by the grand jury of Albany county, in the month'of November, 1873, for the crime of grand larceny, in stealing a written instrument for the payment of the sum of $7,500, made and drawn by S. C. Lewis, as secretary of the Farmers and Mechanics’ Savings Bank of Lockport, upon the Central.National Bank of the City of New York, payable to the order of S. Curtis Lewis, as county treasurer of Niagara county, and indorsed by Mr. Lewis: “ Pay Nelson K.…

1Opinion of the Court

Bocees, J.:

This case comes before the court on the return to a writ of error.

The plaintiff was convicted at the Albany Oyer and Terminer, October, 1874, of grand larceny, in stealing a draft or written instrument for $7,500, drawn by the Fanners and Mechanics’ Savings Bank of Lockport upon the Central National Bank, New York. The draft was forwarded to the treasurer’s office, to be credited to the county of Niagara, on account of State tax. The plaintiff in error was a clerk in the treasurer’s office, acting under the title of “ cashier.” He was allowed to receive moneys and drafts for the…

2Cases cited8 opinions

  1. People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
  2. People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. The People v. . BennettNew York Court of Appeals · 1867
  4. Hildebrand v. . People of the State of N.Y.New York Court of Appeals · 1874
  5. The People v. . McDonaldNew York Court of Appeals · 1870

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