(Download) "Rogers v. the Marshal" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Rogers v. the Marshal
- Author : United States Supreme Court
- Release Date : January 01, 1863
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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Mr. Carpenter, for the plaintiff in error: 1. There is no more pretence for saying that Hopkins directed or consented to the erasure, than there is for saying that he directed the marshal to forge the name of Proudfit to the bond. He objected to the bond because Remington's name was on it, and because Proudfit's was not; but it was the duty of the marshal, even under these instructions, if they were instructions, to get the name of Proudfit legally upon the bond, and the name of Remington legally off from it, in other words to draw a new bond and to have Proudfit sign that. It would have been correct to charge the jury that if the plaintiff or his attorney directed the erasure to be made in the absence of the other signers, and the marshal erased it, acting under such instructions, the plaintiff could not recover. But the charge in substance was, that if the marshal made the erasure in consequence of the interference of Hopkins–that is, because Hopkins interfered–the plaintiff could not recover. Now it is true that in a popular sense, and as it would be understood by a jury, the erasure was made in consequence of what Hopkins said: that is, if Hopkins had said nothing, the marshal would not have erased the name. So, if the marshal, after the first interview with Hopkins, had forged Proudfit's name to the bond, it might be said that he had done so, in consequence of Hopkins desiring his name on the bond. It was in the sense we have indicated that the jury understood the charge. It must have been so intended by the judge; for there was no testimony tending to prove that Hopkins directed the erasure; on the contrary the marshal rather testified that the last instructions of Hopkins were to take the bond, if Proudfit's name was obtained upon it, waiving the objection that it was signed by Remington.