Respublica v. Ross
Supreme Court of Pennsylvania
THE defendant was indicted in the Mayor’s Court of the city of Philadelphia. The charge consisted of six counts: —1st, That he feloniously counterfeited a promissory note for 1470 dollars payable by Joseph Keister to John Smith. 2d, That he feloniously published the said note, knowing it to bo counterfeited. 3d, That he having in his custody the said counterfeit note, feloniously required one Jacob Morgan to indorse the same. 4th, That he feloniously published the said note…
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THE defendant was indicted in the Mayor’s Court of the city of Philadelphia. The charge consisted of six counts: —1st, That he feloniously counterfeited a promissory note for 1470 dollars payable by Joseph Keister to John Smith. 2d, That he feloniously published the said note, knowing it to bo counterfeited. 3d, That he having in his custody the said counterfeit note, feloniously required one Jacob Morgan to indorse the same. 4th, That he feloniously published the said note and indorsement thereon. 5th, Follows at full length. 6th, That he deceived the said Jacob Morgan with a counterfeit…
1Opinion of the CourtM’Kean, C. J.
All the cases of invalidation in the books, *5go on tliis ground, that the party is produced to overturn his own instrument; and if Air. Heister had subscribed the note, he certainly would bo no witness to gainsay it. But is not this the very matter in dispute ?
The opinions of judges ought unquestionably to weigh greatly with their successors ; but where the principles they lay down cannot be acceded to, a difference of sentiment must necessarily take place: so says Chief Justice Vaughan. It is agreed on all hands that the verdict here cannot be given in evidence in a civil action on the note.…
2Cited by4 opinions
- Hess v. StateOhio Supreme Court · 1831
- State of Rhode Island v. BaconSupreme Court of Rhode Island · 1905
- Klingensmith v. BeanSupreme Court of Pennsylvania · 1834
- Wilson v. SpencerSupreme Court of Virginia · 1840