Latham v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This is the same case referred to in the preceding opinion, which, upon being remanded, was again tried in the court below, the trial resulting as before, in favor of the defendant, and the plaintiff appealed to this court.
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Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This is the same case referred to in the preceding opinion, which, upon being remanded, was again tried in the court below, the trial resulting as before, in favor of the defendant, and the plaintiff appealed to this court. The principal question arising on the record is, whether the congress has the power to require that an instrument shall be stamped, as a condition precedent to its admissibility in evidence in a State court.
1Opinion of the CourtChief Justice Breese
The note in this case bears date August 26, 1865, and is, of course, so far as the “ stamping ” is concerned, governed by the act of congress of June 30, 1864. Section 158 of that act provides, “ that any person who shall make, sign or issue, or who shall cause to be made, signed or issued, any instrument, document or paper of any kind or description whatsoever, or shall accept, negotiate or pay, or cause to be accepted, negotiated or paid, any bill of exchange, draft or order, or promissory note for the payment of money, without the same being duly stamped, or having thereupon an adhesive…
2Cases cited1 opinion
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
3Cited by18 opinions
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Cross v. PeopleIllinois Supreme Court · 1868
- Small v. SlocumbSupreme Court of Georgia · 1900
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Bunker v. GreenIllinois Supreme Court · 1868
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