Bishop v. State

Robinson, J., delivered the opinion of the Court. The appellants were indicted jointly for forging and uttering a certain endorsement on a bond of the Mayor and City Council of Baltimore, showing an indébtedness to one Frederick M. Ketchum, Jr., in the sum of $18,400, redeemable on April 15th, 1900. The indictment was framed under sec. 24, Art. 30, of the Code, which provides among other things, “that any person who shall falsely make or forge, or willingly aid or assist in falsely making or forging any bond or writing obligatory, or any endorsement or assignment of any bond or writing obligatory, with intention to defraud any person, or who shall utter or publish as true any such forged bond, writing obligatory or endorsement, shall he deemed to be a felon.” ¹⁴⁰ To support the charge thus made in the indictment, the State offered in evidence the following instrument of writing: “No. 120 — City of Baltimore — $18,400, six per cent — City Hall stock:— “ This is to certify, that the corporation of the City of Baltimore, is indebted to Frederick M. Ketchum, Jr., in the sum of eighteen thousand four hundred dollars, redeemable on the fifteenth day of April, 1900, on the presentation and surrender of this certificate, with interest thereon in the meantime, at the rate of six per centum per annum, payable quarterly, on the first days of January, April, July and October, in each year, and is only transferable at the Mayor’s office in person or by attorney, and on the delivery of this certificate to the transferee. “ Stamped on its face in blue ink: 1900. This certificate is issued in accordance with an ordinance of the Mayor and City Council, No. 37, approved April 15, 1870, and by a majority of the legal voters at the election held April 21st, 1870. “ In witness whereof, I, the Mayor of the City of Baltimore, have hereunto set my hand and affixed the seal of the said corporation, this ninth day of March, in the year of our Lord eighteen hundred and seventy-two. “Joshua Yansant, Mayor. “ Countersigned and registered by John A. Robb, Register. “Endorsed: Frederick M. Ketchum, Jr., July 19,1876. “ Transfer to the Metropolitan Savings .Bank of Baltimore.........................................................$10,000 8,400 “Frederick M. Ketchum, Jr. $18,400 “ Witness: R. T. Jefferson.

Frederick M. Ketchum, Jr.” ¹⁴¹ To the admissibility of this paper in evidence, the appellants objected on the ground that it is not a bond, and does not tend therefore to support the charge laid in the indictment. And this involves the inquiry as to what constitutes a bond? All the authorities agree that the law does not require any particular set form of words as essentially necessary to create a bond. As a general rule it may be said, that any instrument under seal, whereby the party from whom the security is intended to be taken, obliges himself to pay a certain sum of money at a day specified, will constitute a bond, 2 Black.

Gom., 340, or as laid down by Matthew Bacon, “ any words which declare the intention of the party, and denote his being bound will be sufficient.” Therefore, he says: “If a man useth this form of words, viz: This bill witnesseth that I, A. B., have borrowed £10 of O. D., or thus, Memorandum, all things reckoned and accounted between A and B, A acknowledges himself indebted to B tenpounds ; all these forms are good, and shall effectually bind the party and his executors as if the most formal words were made use of, provided the writing be sealed and delivered.” Bacon’s Abr. Obligations, (Bi) How if the paper offered in evidence is to be tested by these well settled principles of law it possesses, it must be admitted, all the essentials necessary to constitute a bond. By it, the corporation of Baltimore acknowledges itself indebted to Frederick M. Ketchum, Jr., in a certain sum, to wit, $18,400, to be paid at a certain time, namely, the 15th day of April, 1900, and the obligation is signed by the Mayor, and sealed with the seal of the corporation. In addition to this, it appears upon the face of the paper itself, to have been issued under the authority of Ordinance Ho. 37, of the Mayor and City Council of Baltimore, approved April 25th, 1870.

This ordinance authorized the Register to issue bonds of the City of Baltimore, of the particular character of the instrument ¹⁴² of -writing, upon which the endorsement was alleged to have been forged for the purpose of building the City Hall, and the ordinance was passed under the authority of the Act of 1810, chap. 363, which authorized the Mayor and City Council to issue bonds for that purpose. It is clear, therefore, that the General Assembly and the Mayor and City Council intended to affix, and did affix the designation of bonds to the instrument of writing which they thus respectively authorized to be issued. And independent altogether of this, it is clear, that the paper is upon its face and by its terms a bond or obligation, such as is recognized by law. The State then offered to prove, that the name of Frederick M. Ketchum, Jr., appearing on the back of said bond was not in the hand-writing of said