¶1The three defendants were in-dieted for forgery and uttering as true a certain obligation, called a “trade check,” for the payment of money, being for $1, drawn on Gulf Lumber Company in favor of bearer, and purporting to he signed on its face by W. L. Vernon, and to be indorsed on its reverse side by the letters “A. D. M.”
¶2The defendants pleaded not guilty, and two of them, having been convicted, have appealed from the sentence.
¶3There was no motion to quash the indictment, but on the trial the accused requested the court to charge that the instrument referred to in the indictment was not a check or order, within the intent of section 833 or the Revised Statutes of 1870. The “trade check” reads as follows:
“We promise to pay bearer one dollar, two years after demand, in merchandise.
“[Signed] Gulf Lumber Company,
“By W. L. Vernon.”
¶4On the reverse appear the letters “A. D. M.”
¶5The evidence shows that said letters are the initials of A. D. McClellon, and that he and W. L. Vernon were officers of the Gulf Lumber Company.
¶6From the indictment, and the statement of the trial judge, it may be inferred that the instrument in question is in effect an order issued by the company on itself. The judge ruled that the instrument was an order payable under the law in cash, and came within the intent of section 833 of the Revised Statutes of 1870.
¶7Act No. 228, p. 345, .of 1908, provides that the makers of checks, tickets, tokens, or other devices redeemable in whole or in part in merchandise shall be liable on demand in current money of the United States. Hence the instrument, read in the light of the statute, is a perfect promissory note payable to bearer, and, whether considered as a note or an order, is within the purview of section 833 of the Revised Statutes of 1870.
¶8Judgment affirmed.