Legal Opinion

People v. Davis

New York Supreme Court

Decided July 15, 1839PublishedCited by 34 opinions

Indictment for having in possession counterfeit bank bills with intent, Spc. The prisoner was indicted for that he on, &c., at, &c., feloniously had in his custody and possession, and did receive from some person or persons to the jurors aforesaid unknown, a certain false, forged and counterfeited negotiable promissory note for the payment of money, commonly called a bank note, 'purporting to have been issued by a certain corporation or company called the Morris Canal and…

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Indictment for having in possession counterfeit bank bills with intent, Spc. The prisoner was indicted for that he on, &c., at, &c., feloniously had in his custody and possession, and did receive from some person or persons to the jurors aforesaid unknown, a certain false, forged and counterfeited negotiable promissory note for the payment of money, commonly called a bank note, 'purporting to have been issued by a certain corporation or company called the Morris Canal and Banking Company, duly authorized for that purpose by the laws of ■•the State of New Jersey, which .said last mentioned…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

The most important question arising in this case is, whether the people were bound to prove by the highest evidence, the legal existence of tfie Morris Canal and Banking Company.

It is conceded to have been unnecessary tinder the old act, 1 R. L. 405, § 9, but it is insisted .that the revised statutes have changed the rule. The former provided, that if any person shall have in his possession any forged or counterfeited promissory note for the payment of money, with the intent to pass, it and to defraud, knowing the same to be counterfeit, he shall be deemed guilty of…

2Cited by34 opinions

  1. Hamilton v. PeopleMichigan Supreme Court · 1874
  2. People v. . Van GaasbeckNew York Court of Appeals · 1907
  3. People v. Ah SamCalifornia Supreme Court · 1871
  4. Smith v. StateIndiana Supreme Court · 1867
  5. State v. BetsallWest Virginia Supreme Court · 1877

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