Commonwealth v. Dole
Commonwealth v. Dole
Opinion of the Court
The indictment against the defendant is based upon Gen. Sts. c. 162, § 2. It alleges that he uttered and published as true, with intent to defraud, a certain false, forged and counterfeit promissory note, which is duly set forth according to its tenor, knowing it to be false, forged and counterfeit. On the trial, the district attorney produced and offered to put in evidence a bank bill purporting to have been issued by the President, Directors and Company of the Worcester Bank, which corresponded in its terms with the promissory note described in the indictment. It appeared that the Worcester Bank was an incorporated banking company established in and under the laws of this commonwealth. The defendant objected to the proposed evidence, and contended that the bill thus offered did not support the allegations in the indictment. But the objection was overruled.
There is no doubt that a bank bill is for many purposes to be considered and treated as a promissory note. Containing an unconditional promise by one party to pay a certain and stated sum of money to another on demand, it combines within itself all the essential elements of that species of contract. And in different statutes it has frequently been so denominated by the legislature. St. 1804, c. 120, § 2; Rev. Sts. c. 127, § 4; Gen
It is a familiar rule of interpretation, that the intention of the legislature, and the meaning of each of the provisions contained in a statute, are to be discovered and deduced on a view of the whole and every part of it taken and compared together; that every part of it is upon such comparison to be so construed, if it can reasonably be done, that the whole, and every one of its separate and distinct provisions, may stand and have full and complete effect. Dwarris on Statutes, (2d ed.) 567, 568. 1 Kent Com. (6th ed.) 461. Applying this rule in the exposition of the statute under consideration, the true intent and meaning of its several parts and provisions cannot be mistaken.
By § 1 it is provided that whoever falsely makes, alters, forges or counterfeits, among other instruments particularly named, a promissory note, with intent to defraud any person, shall be imprisoned in the state prison for a period not exceeding ten years, or in the jail not exceeding two years; and by § 2 a like punishment is to be imposed upon any person who, with such intent, shall utter and publish a false, forged and counterfeit promissory note as true. If these were the only provisions in the statute, and there were none specially in relation to the bills or notes issued by incorporated banking companies, then these would have been included in the general provisions respecting promissory notes. And accordingly it has often been determined under former statutes, which contained no provision respecting the forgery of the notes or bills of banking companies estabished in foreign states, that the forgery of the bills of such
But by § 4 of the same statute it is provided that whoever falsely makes, alters, forges or counterfeits a bank bill or promissory note, payable to the bearer thereof, or to the order of any person, issued by an incorporated banking company established in this state, or within the United States, or any foreign province, state or government, with intent to defraud, shall be punished by imprisonment in the state prison for life, or for any term of years. And by § 6 any person who utters or passes, or tenders in payment as true, any such forged or counterfeit bank bill or note, knowing it to be forged and counterfeit, and with intent to defraud, shall be punished by imprisonment in the state prison for a term not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding one year. These are very distinct and explicit provisions respecting bank bills and notes, showing clearly that the legislature did not intend to comprehend and include, them in the general provisions in the first and second sections respecting promissory notes. The two provisions differ from each other very materially. The maximum punishment of one who is convicted of the forgery of the last named instrument is imprisonment in the state prison for the term of ten years ; but for the forgery of a bill or note of an incorporated banking company the convict maj be subjected to such imprisonment for
Reference
- Full Case Name
- Commonwealth v. Albert A. Dole
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- 1 case
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- Published