Latham v. Smith
Illinois Supreme Court
Writ or Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a suit commenced before a justice of the peace in Marion county, by William A. Latham, as the assignee of a promissory note, against John E. Smith, the maker. The cause was removed into the Circuit Court by appeal, where a trial resulted in a verdict and judgment for the defendant. The plaintiff thereupon sued out this writ of error.
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Writ or Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a suit commenced before a justice of the peace in Marion county, by William A. Latham, as the assignee of a promissory note, against John E. Smith, the maker. The cause was removed into the Circuit Court by appeal, where a trial resulted in a verdict and judgment for the defendant. The plaintiff thereupon sued out this writ of error. The questions arising under the assignment of errors are presented in the opinion of the court.
1Opinion of the CourtChief Justice Walker
It is insisted, as the evidence shows there was no stamp on the note when it was delivered to the payée, that the court erred in admitting it in evidence. When the note was offered in evidence there was a proper revenue stamp attached, and it was canceled by having written on its face the initials of the maker’s name and the date of the note. If the stamp is essential to the validity of the note, and it was wrongfully attached and canceled without authority, it could not give validity to the instrument. If necessary, the note was as incomplete as if it had lacked the maker’s signature, and…
2Cited by14 opinions
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- Homes v. HaleIllinois Supreme Court · 1874
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