¶1This Coukt were of opinion, that at least prima facie evidence ought to have been given, that there were sueh banks in existence, and that the bills were genuine; that it would not be necessary, in such a case, to produce the highest evidence of the existence of the banks, such as proof of the original characters or acts of the government incorporating the companies; but that proof that there were such banks defacto would be sufficient. And so, as to the bills, it was not neces*548sary to prove, by positive testimony, that the names subscribed to them were in the hand-writing of the officers of the banks ; but it should at least be proved by a witness familiar with the bills, that he believed them to be genuine. Evidence of the same character and degree should be given which, on indictments for forging foreign bills, is usually resorted to, to prove them counterfeit. This court therefore advised the oyer and terminer to discharge the prisoner.
12 Wend. 547
People v. Caryl
Decided October 15, 1834
New York Supreme Court · decided 1834-10-15
The prisoner was indicted at the Erie oyer and terminer for stealing within this state a number of bank bills, purporting to have been issued by the Bank of Upper Canada, and by the Hancock Bank, in the state of Massachusetts.
Good law ✅— No negative treatment on recordhow we know
Decided 1834-10-15
How this case has been cited
Cited by 8 later decisions — most recently April 1894
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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