R v John Thorn

JurisdictionEngland & Wales
Judgment Date08 April 1841
Date08 April 1841
CourtHigh Court of Chancery

English Reports Citation: 169 E.R. 83

LINCOLN's INN

Regina
and
John Thorn

S C car & M. 210

[210] 1841. regina v john thorn. (A forged request to pay a third person money on account of the supposed writer will not sustain an indictment for forgery, describing it either as an undertaking, warrant, or order for the payment of money.) [S C Car & M. 210 ] The prisoner was tried before Mr Baron Gurney at the March sessions, at the Central Criminal Court, in the year 1841, on an indictment which charged him with uttering a forged undertaking for the payment of £2, 7s 8d , with intent to defraud James Lys Seager and others. In another count the instrument forged was described as a warrant for the payment of money And in another count an order for the payment of money. Messrs. Seager and Evans were distillers at Milbank, they had a,customer at Taunton of the name of Chappell ; on the 23d of February they had forwarded two puncheons of spirits to him , it was taken by their waggon, with their names upon it, and the puncheons were addressed, T. L Chappell, Taunton, Somerset, in characters which could be read by a person standing in the street by the side of the waggon. On the next day the prisoner employed Walker, a ticket porter, who plies at Westminster Hall, to take the following letter and paper to Messrs Seagers : " Mr. Bennett. Taunton, February 20, 1841. " Sir, I have received your letter respecting a balance of your account, and beg to say had any person called as expected it would have been paid, I now return the case with this enclosed, and the amount being so small I give you on the other side an order upon Messrs. Seager and Co , as per address, and if you will send this to them they wfll pay it for me , [211] after deducting case I make balance £2, 7s. 8d , and for which please give a receipt " I am, Sir, your obedient, T. D. chappell. " Thames Street, London " Taunton, Fore Street, Feb. 20, 1841. " Messrs. Seager, Evans, and Co. " Gentlemen, I shall feel obliged by your paying Mr. Bennett the sum of £2, 7s. 8d , and debiting me with the same ; you will please have a receipt, and add the amount to invoice of order in hand. " 1 am, &c. T D. chappell. " Distillers, &c., Milbank, Westminster, London. " Feb 24, 1841, Received £2, 7s. 8d. " T. bennett." telling him to receive £2, 7s 8d , and bring it to him at Oliver's cottee-house Walker went to Messrs Seager's counting-house, presented the letter and the paper Mr. Seager, who was present, conceived suspicion of a fraud, and he directed a clerk to deliver the money to Walker and went out himself Walker returned towards Oliver's coffee-house , the prisoner met him in the way, received the money from him and gave him a shilling for hi^ trouble, and was immediately apprehended by Walker and Mr. Seager with the money in his hand. Mr Chappell was called and proved that the letter was not sent by him, or by his authority. Mr Seager said that if he had not suspected a fraud he should certainly have complied with the request and paid the money, and that in...

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4 cases
  • R v Henry Vivian, Jun
    • United Kingdom
    • Crown Court
    • 1 January 1844
    ...this was not a warrant or order for payment of money and cited: 1 Moody . . . 231, R. v. Baker Russ. & Ryan . 161, R. v. Ravenscroft 2 Moody . . 210, R. v Thorn. 2 Moody . . 258, R. v Roberts. 2 East's PI Crown . . 938, R v. Chnch. The learned Judge respited the judgment, and requested the ......
  • THE QUEEN v JOHN VANDERSTEIN and Others
    • Ireland
    • Court of Criminal Appeal
    • 22 August 1865
    ...C. C. 96. Ferguson's case 2 Moo. 233. Rex. v. RavenscroftENR Russ. & Ry. 161. Rex. v. TurpinENR 2 Car. & Kir. 820. Regina v. ThornENR 2 Mood. C. C. 210. Regina v. RobertsENR 2 Mood. C. C. 258. Rex v. Ellor 1 Leach. C. C. 363. 574 COMMON LAW REPORTS. T. V. 1865. Crim. Appeal. COURT OF CRIMIN......
  • R v James Smith
    • United Kingdom
    • High Court
    • 19 March 1845
    ...that the paper was not a warrant for tl payment of money, and cited the cases of Regina v. Bartlett (2 M. £ Rob. 362), ReqiH-^ v. Thorn (C. & Mar. 206), Regma v. Crooke (8 C P. 582), and Regma v Hussey (La Times of March, 1844). Lord Denman, C. J., reserved the point for the opinion of the ......
  • R v Henry Vivian, The Younger
    • United Kingdom
    • High Court
    • 1 January 1844
    ...for the payment of money, and cited the cases of Rex v. Baker (1 M. C C. 231 Bex v. RavetMcroft (R. & R. 0. C. 161), Regina v. Thorn (C. & Mar. 206), Regina Roberts (id. 652), and Rex v. Clinch (a). Patteson, J , reserved the point for the consideration of the fifteen judges. Verdict - Guil......

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