Sammons v. Halloway
Michigan Supreme Court
Error to Lenawee Circuit. This was an action of assumpsit, brought by Silas Halloway in the Circuit Court for the County of Lenawee, upon a promissory note made by William S. Sammons; the principal defense to which was that the note was not stamped as required by the revenue laws of the United States. The plaintiff below had a verdict and judgment, and the defendant brings error.
1Opinion of the CourtCooley, J.
Halloway sued Sammons upon a promissory note. Sammons defended on the ground that it was not sufficiently stamped under the United States revenue laws, and consequently was neither admissible in evidence, nor could a recovery be had upon it if admitted. The Circuit Judge ruled otherwise. We think this ruling correct.
We decided in the case of Clemens v. Conrad (19 Mich., 170) that the provision of the act of Congress which precluded unstamped instruments being received in evidence had no application to the state courts. We did not undertake to say what should be the effect of such instruments…
2Cases cited1 opinion
- Clemens v. ConradMichigan Supreme Court · 1869
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