Potter v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OB THE UNITED STATES BOR THE DISTRICT OB MASSACHUSETTS. By section 5208 of the Bevised Statutes it is provided that “ it shall be unlawful for any officer, clerk, or agent of any national banking association to certify any cheque drawn upon the association unless the person or company drawing the cheque has on deposit with the association, at the time such-cheque is certified, an amount of money equal to the amount specified in such cheque.”
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ERROR TO THE CIRCUIT COURT OB THE UNITED STATES BOR THE DISTRICT OB MASSACHUSETTS. By section 5208 of the Bevised Statutes it is provided that “ it shall be unlawful for any officer, clerk, or agent of any national banking association to certify any cheque drawn upon the association unless the person or company drawing the cheque has on deposit with the association, at the time such-cheque is certified, an amount of money equal to the amount specified in such cheque.” No penalty was imposed on the individual for a violation of this section. But on July 12, 1882, c. 290, 22 Stat. 162, 166, it…
1Opinion of the CourtJustice Beewee
The only questions which we deem it material to consider are those presented by the foregoing extracts from the record. The first is, was the indictment sufficient?
It is objected that “ certification,” to constitute an offence within the scope of the statute, must be such an act or series of acts as creates a contract binding upon the bank; that a mere writing of the word “ certified ” on a cheque does not, until delivery to some person, have any such effect; and that while an indictment, charging simply in the language of the statute that the defendant wrongfully certified a cheque, might…
2Cases cited3 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Evans v. United StatesSupreme Court of the United States · 1894
- Felton v. United StatesSupreme Court of the United States · 1877
3Cited by150 opinions
- Russell v. United StatesSupreme Court of the United States · 1962
- Ratzlaf v. United StatesSupreme Court of the United States · 1994
- United States v. PetrilloSupreme Court of the United States · 1947
- United States v. MurdockSupreme Court of the United States · 1934
- Bryan v. United StatesSupreme Court of the United States · 1998
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