Legal Opinion

Commonwealth v. Ladd

Massachusetts Supreme Judicial Court

Decided June 15, 1819PublishedCited by 21 opinions

This was an indictment for forgery, upon the statute of 1804, c. 120, <§> 2; and the evidence to prove the forgery, as it was reported by Wilde, J., before whom the cause was tried, October term, 1817, was in substance as follows: — It appeared that the defendant applied to Eveleth Child for a certain quantity of iron on account of one George Carpenter, and that thereupon the said E. &f C. did deliver to the defendant 2 quarters 18 pounds of iron, and gave him a bill thereof…

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This was an indictment for forgery, upon the statute of 1804, c. 120, <§> 2; and the evidence to prove the forgery, as it was reported by Wilde, J., before whom the cause was tried, October term, 1817, was in substance as follows: — It appeared that the defendant applied to Eveleth Child for a certain quantity of iron on account of one George Carpenter, and that thereupon the said E. &f C. did deliver to the defendant 2 quarters 18 pounds of iron, and gave him a bill thereof of the following tenor, viz.: “ Augusta, 13th June, 1811. Mr. John Ladd— Bought of Eveleth Child—2:18 Swedes iron —…

1Opinion of the Court

Curia.

The objection to the indictment is, that it contains no averment that the paper alleged to be forged was presented or delivered to any one, as a true or genuine acquittance or discharge for goods delivered in consideration thereof. This is not necessary at the common law, or under our statute. The false making, with intent to defraud, is the gist of the offence. (1) (a)

On the motion for a new trial, it is insisted that the paper, given in evidence to prove the forgery, is not an acquittance or discharge within the intent of the statute, and therefore did not prove the offence. But we…

2Cited by21 opinions

  1. Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
  2. State ex rel. Butler v. MoiseSupreme Court of Louisiana · 1895
  3. Gordon v. CommonwealthSupreme Court of Virginia · 1902
  4. Perry v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
  5. Commonwealth v. BondMassachusetts Supreme Judicial Court · 1905

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