State v. . Matthews
Supreme Court of North Carolina
This was an indictment, tried before his Honor, Judge Caldwell, at the Spring Term, 1856, of Cumberland Superior Court. The indictment charges that William G. Matthews, teller of the Bank of Fayetteville, did, on the 10th day of February, 1856, unlawfully pass to one William Warden, as the representative of, and as the substitute for, money, a bank bill of a less sum than three dollars, to wit, the sum of one dollar, (setting it out,) which said bill was issued by the said…
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This was an indictment, tried before his Honor, Judge Caldwell, at the Spring Term, 1856, of Cumberland Superior Court. The indictment charges that William G. Matthews, teller of the Bank of Fayetteville, did, on the 10th day of February, 1856, unlawfully pass to one William Warden, as the representative of, and as the substitute for, money, a bank bill of a less sum than three dollars, to wit, the sum of one dollar, (setting it out,) which said bill was issued by the said bank without being allowed by its charter to do so; against the form of the statute, &c. There were counts varying the…
1Opinion of the CourtPearson, J.
The question presented by the case will be considered under three heads. Does the charter authorise the bank to issue one dollar notes for circulation “ as the representative of, or as a substitute for, money” ? Had the Legislature power to prohibit the circulation of such notes? "Was it the intention of the Legislature, by the 36th chapter Eev. Code, title “ Currency,” to exercise this power in regard to the notes of the Bank of Fayetteville ?
1. There is no clause in the charter which, in so many words, authorises the bank to issue notes for circulation as money; the charter confers banking…
2Cases cited1 opinion
- Proctor v. MooreMassachusetts Supreme Judicial Court · 1804