Vaughan v. O'Brien
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The plaintiff, by his complaint, claimed to recover, 1st. On a promissory note for $211.16, dated November 7, 1867, payable one day after date; 2d. On a due-bill for $20, of the same date with the note; and 3d. $50 for work, labor and services.
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APPEAL by the defendant from a judgment entered upon the report of a referee. The plaintiff, by his complaint, claimed to recover, 1st. On a promissory note for $211.16, dated November 7, 1867, payable one day after date; 2d. On a due-bill for $20, of the same date with the note; and 3d. $50 for work, labor and services. The defendant, by his answer, claimed and insisted that the note was void because not duly stamped, in accordance with the United States internal revenue act. He also averred payment and set-off, and a former suit, in bar. The referee found that the notes were not invalid for…
1Opinion of the Court
By the Court, Bookes, J..
The appellant’s counsel raised two questions on this appeal: 1st. That the notes on which the recovery was allowed were void, because not stamped pursuant to the provisions of the United States internal revenue act; and 2d. That the action was barred by the decision and adjudication on the appeal in the county court.
I. It was made a question of fact before the referee, whether the defendant authorized and directed Mr. Wendell to stamp the papers, as the law required. There was a conflict of evidence on this point, and the referee, who saw the witnesses and heard them…
2Cases cited5 opinions
- Beebe v. HuttonNew York Supreme Court · 1866
- Close v. StuartCourt for the Trial of Impeachments and Correction of Errors · 1829
- Davis v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1832
- Platt v. BroachUnited States District Court · 1868
- Wheeler v. RuckmanThe Superior Court of New York City · 1868
3Cited by3 opinions
- Terryll v. BaileySupreme Court of Minnesota · 1880
- Baker v. BakerNew York Supreme Court · 1872
- Shelley v. McLeanNew York Supreme Court · 1910