Moore v. Quirk
Massachusetts Supreme Judicial Court
Contract to recover the sum of $310.59 paid to the defendant on a demand made by him upon the plaintiff under the Gen. Sts. c. 123, §§ 62, 63. Writ dated May 26,1868. Trial and verdict for the defendant in the superior court, before Seudder, J., who allowed a bill of exceptions, which (excepting the clause 1n-closed in brackets) was as follows: “ It appeared in evidence, that the plaintiff caused to be attached on mesne process, in an action brought by himself against John…
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Contract to recover the sum of $310.59 paid to the defendant on a demand made by him upon the plaintiff under the Gen. Sts. c. 123, §§ 62, 63. Writ dated May 26,1868. Trial and verdict for the defendant in the superior court, before Seudder, J., who allowed a bill of exceptions, which (excepting the clause 1n-closed in brackets) was as follows: “ It appeared in evidence, that the plaintiff caused to be attached on mesne process, in an action brought by himself against John Quirk, eight carts and harnesses, in the possession of John Quirk; that said property was taken from the attaching…
1Opinion of the CourtGray, J.
Hone of the exceptions taken by the plaintiff to the rulings of the superior court at the trial of this case can be sustained.
1. The want of the stamp required by the internal revenue act of the United States did not affect the validity of the mortgage, i the absence of evidence tending to show that the stamp had been omitted with intent to defraud the revenue. U. S. St. 1866, c. 184, § 9; 14 U. S. Sts. at Large, 142-144. Green v. Holway, 101 Mass. 243. Campbell v. Wilcox, 10 Wallace, 421. The plaintiff does not appear to have asked that any question of such fraudulent intent should be.…
2Cases cited5 opinions
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Clemens v. ConradMichigan Supreme Court · 1869
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- People Ex Rel. Barbour v. . GatesNew York Court of Appeals · 1870
- Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
3Cited by15 opinions
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Small v. SlocumbSupreme Court of Georgia · 1900
- Magic Packing Co. v. Stone-Ordean Wells Co.Indiana Supreme Court · 1902
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
- Watson v. MirikeCourt of Appeals of Texas · 1901
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