Commonwealth v. Carey
Massachusetts Supreme Judicial Court
The indictment m this case set forth, that the defendant, “ on &c., at &c., had in his custody and possession a certain false, forged and counterfeit promissory note for the payment of money, which said false &c. note is to the following purport and effect, to wit, &c., [setting forth a bank bill purporting to be issued by the Merchants’ Bank in Providence, Rhode Island,] and that the said John C. Carey, on &c., with force and arms, at &c., the aforesaid false &c. note did…
Read the full summary
The indictment m this case set forth, that the defendant, “ on &c., at &c., had in his custody and possession a certain false, forged and counterfeit promissory note for the payment of money, which said false &c. note is to the following purport and effect, to wit, &c., [setting forth a bank bill purporting to be issued by the Merchants’ Bank in Providence, Rhode Island,] and that the said John C. Carey, on &c., with force and arms, at &c., the aforesaid false &c. note did utter and publish as true, to one John A. Newcomb, with intent the said Newcomb then and there to injure and defraud, he…
1Opinion of the Court
Parker C. J.,
in giving the opinion of the Court, said, it is objected in arrest of judgment, that the indictment does not allege the note to be a bank bill. But we consider it to have been expressly decided, that the note of a bank is a promissory note, as much as the note of an individual.† , 1 It is also said, that there should have been an allegation that the bank was duly incorporated; but that was not necessary, as the indictment states a design to defraud an individual.2
In regard to the point, that neither the president nor cashier of the bank was a witness, but that persons, acquainted…
2Cases cited3 opinions
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1819
- Spangler v. CommonwealthSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Violet v. RoseNebraska Supreme Court · 1894