Commonwealth v. Dallinger
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 162, §§ 1, 2, charging the defendant in the first count with falsely making, altering, forging and counterfeiting, with intent to injure and defraud, a certain promissory note for the payment of money, of the tenor following, that is to say: “ $1000, Boston, May 29, 1874. Three months after date I promise to pay to the order of A. P. Morse, one thousand dollars, at any bank in Boston. Value received. A. P. Morse.”
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Indictment on the Gen. Sts. c. 162, §§ 1, 2, charging the defendant in the first count with falsely making, altering, forging and counterfeiting, with intent to injure and defraud, a certain promissory note for the payment of money, of the tenor following, that is to say: “ $1000, Boston, May 29, 1874. Three months after date I promise to pay to the order of A. P. Morse, one thousand dollars, at any bank in Boston. Value received. A. P. Morse.” The second count charged the uttering and publishing as true, with knowledge that the same was false, forged, altered and counterfeit, and with intent…
1Opinion of the CourtWells, J.
• It appearing in evidence at the trial that there was but one A. P. Morse, it followed that the writing which pur*441ported to be signed by him, purported also to be payable to hia own order. Such a writing would not constitute a contract, and therefore would not become a promissory note until indorsed by him. With this fact in the case, all the allegations of the first and second counts being sustained by proof, the offence of forgery, or uttering a forged promissory note, would not be made out.
The exceptions must therefore be sustained as to the first and second counts.
The third count is for…
2Cited by7 opinions
- King v. StateSupreme Court of Florida · 1901
- Rockland-Atlas National Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1959
- Crow v. StateAlabama Court of Appeals · 1937
- People v. ThornburghCalifornia Court of Appeal · 1906
- Stouffer v. CurtisMassachusetts Supreme Judicial Court · 1908
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