R v Henry Vivian, The Younger
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1844 |
| Date | 01 January 1844 |
| Court | High Court |
English Reports Citation: 174 E.R. 1005
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
Subsequent proceedings with annotations, 1 Den. 35.
[719] western summer circuit, 1844. Cornwall Assizes, before Mr. Justice Patteson. regina v. heney vivian, the younger. (A. uttered a forged paper in the following form :-" Mr. M. will be pleased to send by the bearer £10 on Mr. H.'s account, as Mr. H. is very bad in bed, and cannot come himself." The paper purported to be signed " M R., foreman, St. A. Foundry." Mr. M. was clerk to Messrs C., bankers, with whom Mr. H. kept an account, and R. was foreman to Mr. H., but had no authority to draw on Mr, H.'s banker :-Held, that this was a warrant for the payment of money. Held, also, that any instrument for payment, under which, if genuine, the payer may recover the amount against the party signing it, may be properly considered a warrant for the payment of money ; and that it is equally this, whatever be the state of the account between the parties, and whether the parties signing it has at the time funds in the hands of the party to whom it is addressed or not Held, also, that, as by this instrument, if genuine, R says in effect that he has the authority of Mr. H., who had an account with the bankers, it is as much a warrant as if he himself had had such an account, and would equally have bound him.) [Subsequent proceedings with annotations, 1 Den. 35.] Forgery.-The prisoner was indicted for uttering, on the 25th of May, 1844, a forged warrant and order for the payment of money, with intent to defraud Edward Coode and others. The forged instrument was in the following form - " Mr. Martin will be pleased to send by the bearer £10 on Mr. Hodge's account, as Mr. Hodge is very bad in bed, and cannot come himself. " martin ralph, Foreman, " St. Austell Foundry." (a) In the case^f Jackson v Cummins, 5 M & W. 342, it was held, that no heu exists at common law for the agistment of milch cows. REGINA V. WILLIS 1 CAR. & K. 7- It was proved thgt Mr. Martin was clerk to Messrs. Coode & Co., who we bankets, with whom Mr. John Hodge kept an account, and that Mr. Hodge wan in bed an the 25th of May, 1844, which was a Saturday, his usual pay-day. It w proved, that it was the duty of Ralph, Mr [720] Hodge's foreman, to pay Mr Hodge labourers, and that he had no general authonty to draw for money ; but that ò had once, in the January...
To continue reading
Request your trial
-
R v Henry Vivian, Jun
...English Reports Citation: 169 E.R. 139 Crown Cases Regina and Henry Vivian Jun. S. C. 1 Car. & Kir. 719. Referred to, R v. Snelling, 1853, Dears C. C. 219 1844. Mich.-T. regina v. henry vivian, jun. (The following forged instrument held, under the circumstances, to be a warrant or order for......
-
THE QUEEN v JOHN VANDERSTEIN and Others
...R. & R. 317. Regina v. LockettUNK 2 East, P. C. 940. Rex v. Gilcreest 2 M. C. C. 233. Rex v. Baker 1 Moo. C. C. 231. Rex v. VivianENRENR 1 C. & K. 719; S. C., 1 Den. C. C. 65. Rex v. Ferguson 1 Cox's C. C. 241. Rex v. KellyENR R. & R. 421. Rex v. King Ibid, 332. Rex v. SoaresENR R. & R. 25.......