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...
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