Legal Opinion

United States v. Beebe

District Court, M.D. Pennsylvania

Decided October 20, 1906No. 108,PublishedCited by 2 opinions

Indictment under Rev. St. § 5431 [U. S. Comp. St. 1901, p. 3671], for passing a counterfeit $5 treasury note or greenback. On motion to direct verdict for defendant. The bill which was passed was a $5 note of the Oil City Bank, a state institution, issued in 1862. No doubt it is intrinsically worthless, but still it is genuine and not counterfeit.

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Indictment under Rev. St. § 5431 [U. S. Comp. St. 1901, p. 3671], for passing a counterfeit $5 treasury note or greenback. On motion to direct verdict for defendant. The bill which was passed was a $5 note of the Oil City Bank, a state institution, issued in 1862. No doubt it is intrinsically worthless, but still it is genuine and not counterfeit. The suggestion that it bears resemblance to a United States treasury note because the engraving on the back is in green, so as to bring it within the act of Congress, is absurd. The act was not intended for any such case, and cannot properly be…

1Opinion of the Court

ARCHBAIyD, District Judge.

This is a case to he dealt with by the state, and not the federal, law. On its face the bill is that of the Oil City Bank, a state institution, and is to all appearances genuine. Whether the bank is now in existence we do not know; nor whether, if it is, the note would he redeemed upon presentation. Nor is it material. The result is the same, assuming the hill to be worthless. The charge is that it is in similitude of a $5 treasury note or greenback, for which it is liable to be mistaken because of the color in which the back is printed, and as which it was passed by…

2Cases cited6 opinions

  1. United States v. KuhlDistrict Court, S.D. Iowa · 1898
  2. Fell v. Northern Pac. R. Co.U.S. Circuit Court for the District of North Dakota · 1890
  3. United States v. WilliamsDistrict Court, E.D. Wisconsin · 1882
  4. United States v. FitzgeraldDistrict Court, D. Washington · 1898
  5. United States v. StevensDistrict Court, W.D. Virginia · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Armstrong v. United StatesCourt of Appeals for the Eighth Circuit · 1930
  2. Conley v. United StatesCourt of Appeals for the Eighth Circuit · 1922

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