Smith v. Hunter

Hunter sued Smith and one Voltz on a note executed November 20th, 1866, by Yoltz as principal and Smith as surety, payable to the order of Yater & Bro., and which the complainant alleges was assigned by said payee to the plaintiff.

It is objected that a copy of the assignment is not set out. The fact is averred, and the action against Smith is not on the assignment. Again, it is objected that the instrument is not alleged to be stamped, and no copy of a stamp is set out. It has been held, in Lynch v. Morse, 97 Mass. 458, and Carpenter v. Snelling, Id. 452, and in Hanford v. Obrecht, 49 Ill.…