Forgery
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The act of criminally making or altering a written instrument for the
purpose of fraud or deceit; for example, signing another person's name to a
check. To write payee's endorsement or signature on a check without the payee's
permission or authority. The 'payee' of a check is the true owner or person to
whom the check was payable. There are many kinds of forgery, especially
subjected to punishment by statutes enacted by the national and state
legislatures.
The making of a whole written instrument in the name of another with a
fraudulent intent is undoubtedly a sufficient making but a fraudulent
insertion, alteration or erasure, even of a letter, in any material part of the
instrument, whereby a new operation is given to it, will amount to a forgery;
and this, although it be afterwards executed by a person ignorant of the
deceit.
The fraudulent application of a true signature to a false instrument for which
it was not intended or vice versa, will also be a forgery. For example, it is
forgery in an individual who is requested to draw a will for a sick person in a
particular way, instead of doing so, to insert legacies of his own head and
then procuring the signature of such sick person to be affixed to the paper
without revealing to him the legacies thus fraudulently inserted.
It is a sufficient making where in the writing the party assumes the name and
character of a person in existence. But the adoption of a false description and
addition, where a false name is not assumed and there is no person answering the
description, is not a forgery.
Making an instrument in a fictitious name or the name of a non-existing person,
is equally a forgery as making it in the name of au existing person and
although a man may make the instrument in his own name if he represents it as
the instrument of another of the same name when in fact there is no such
person, it will be a forgery in the name of a non-existing person but the
correctness of this decision has been doubted.
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