R v Henry Vivian, Jun
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1844 |
| Date | 01 January 1844 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 139
Crown Cases
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 payment of money " 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. (Signed) martin ralph, Foreman St. Austell Foundry.") [S. C. 1 Car. & Kir. 719. Referred to, R. v. Hewitt, 1848, 13 J P 23, R v. Dawson, 1851, 5 Cox C. C. 220 ; R v Snelhng, 1853, Dears C. C. 219 ] The prisoner was convicted before Mr. Justice Patteson, at the Summer Assizes for Cornwall, for uttering on the 25th May 1844, a forged warrant and order for payment of money, as follows - " 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 " with intent to defraud Edward Coode and others. 140 REGINA V. WILLIAM NEALE l DEN. 36. Mr. Martin was clerk to Messrs. Coode, bankers, with whom Mr. John Hodge, kept an account Hodge was ill in bed on 25th May, which was on a Saturday, his usttal pay day It was the duty of Ralph, the foreman to pay Hodge's labourers- but he had no general authority to draw money. He had once in January preceding, drawn a cheque which Mr Hodge [36] adopted, but he had not given him any authority to draw this cheque. It was not in Ralph's handwriting-nor had he authorized any one to draw it-nor had Hodge. It did not appear positively how Hodge's account stood on the 25th May-it was usually settled half-yearly-but Martin paid the amount without...
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