9 Barb. 664 | N.Y. Sup. Ct. | 1851
An objection is taken that the indictment improperly lays that the forgery was with intent to defraud Ubsdell, Pierson & Co. The prisoner, by pretending that that firm had sent him to buy the goods for them, induced the firm of Chittenden, Bliss & Co. to send the goods to Ubsdell & Co.; and then by a forged instrument in the name of Chittenden & Co. obtained possession of the goods. The actual ownership still remained in the original owners; but Ubsdell &
The other objection to the judgment below is that the instrument by which the fraud was perpetrated was not one for which the charge of forgery lay. It was a written instrument in the name of Chittenden, Bliss & Co., addressed to Ubsdell & Co., requesting them to send by the bearer the three pieces of silk, as the purchaser was in great want of them. This was forged and issued by the defendant with intent to injure or defraud the owners of the silk, and was an instrument in writing purporting to be the act of another, by which the rights or property of the owners would be affected. By it the property would have been delivered to the forger and the possession of it lost to the true owner, if the fraud had been ultimately successful. It is therefore within the 2 R. S. 673, § 33, subd. 2.
The case of The People v. Stearns, (21 Wend. 409,) is almost precisely similar. There a forged order on the cashier of a bank to deliver the plates of another bank, was held to be forgery within this statute.
The judgment below should be affirmed.