Legal Opinion

People v. Caton

Michigan Supreme Court

Decided July 13, 1872PublishedCited by 20 opinions

Exceptions from the Recorder’s Court of the city of Detroit. The testimony of Mr. Elwood, referred to in the opinion, was substantially as follows: I am secretary and treasurer of the Wayne county savings bank; I know the respondent ; I saw him in said bank on - March 8, 1873, when he applied to borrow two thousand dollars and proposed to secure it by mortgage on real estate; I told him I would-make the loan provided the title was satisfactory to our board; he said the…

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Exceptions from the Recorder’s Court of the city of Detroit. The testimony of Mr. Elwood, referred to in the opinion, was substantially as follows: I am secretary and treasurer of the Wayne county savings bank; I know the respondent ; I saw him in said bank on - March 8, 1873, when he applied to borrow two thousand dollars and proposed to secure it by mortgage on real estate; I told him I would-make the loan provided the title was satisfactory to our board; he said the property was one hundred and sixty acres, well improved, in Plymouth, and owned by- Robert Blackwood; I told him we would…

1Opinion of the Court

COOI/EY, J.

The prisoner was convicted on an information, charging that he “ did utter and publish as true, a certain false, forged, and counterfeited instrument and writing for the payment of money, in the likeness and similitude of a mortgage” *391of lands. It is objected that the information charges no offense; a mortgage not being among the instruments mentioned in the statute under which it is drawn.

The statute (Comp. L. § 5808) provides that, “Every person who shall utter and publish as true, any false, forged, altered, or counterfeit record, deed, instrument, or other writing mentioned in…

2Cases cited2 opinions

  1. People v. RathbunNew York Supreme Court · 1839
  2. Commonwealth v. SearleSupreme Court of Pennsylvania · 1810

3Cited by20 opinions

  1. In Re Guilty Plea CasesMichigan Supreme Court · 1975
  2. People v. NicholsonMichigan Supreme Court · 1975
  3. The People v. KatzIllinois Supreme Court · 1934
  4. Elsey v. StateSupreme Court of Arkansas · 1886
  5. People v. FudgeMichigan Court of Appeals · 1976

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