Legal Opinion

Commonwealth v. Hutchison

Massachusetts Supreme Judicial Court

Decided November 15, 1873PublishedCited by 3 opinions

Indictment under Gen. Sts. e. 161, § 54, for obtaining, by false pretences a signature to a written instrument the false making of which would be punishable as forgery.

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Indictment under Gen. Sts. e. 161, § 54, for obtaining, by false pretences a signature to a written instrument the false making of which would be punishable as forgery. The indictment alleged that the defendant March 9, 1873, at Boston, “ with intent to cheat and defraud one George Allen, and with the view to obtain and procure the signature of said Allen to the written instrument hereinafter set forth, and to induce said Allen to enter in copartnership with him, said Hutchison, under and according to the provisions of said instrument, did then and there unlawfully, knowingly and designedly,…

1Opinion of the CourtMorton, J.

The Gen. Sts. c. 161, § 54, provide, that whoever designedly, by a false pretence and with intent to defraud, obtains the signature of any other person to a written instrument, the false making whereof would be punishable as forgery, shall be punished by imprisonment or fine. The defendant was convicted under this statute, of obtaining the signature of one Allen to an agreement of copartnership set out in the indictment. There is no doubt that the false making of this agreement would be punishable as forgery. Commonwealth v. Ray, 3 Gray, 441.

The only question is whether, upon the evidence in…

2Cited by3 opinions

  1. Commonwealth v. SchwartzCourt of Appeals of Kentucky · 1892
  2. Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1944
  3. People v. LarsonMichigan Supreme Court · 1923

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