Mason v. Cheney
Supreme Court of New Hampshire
This is an action of assumpsit. The writ is dated September 6, 1864, and was served on the 19th day of the same month. On the day of the date of the writ the plaintiff directed W. W. Flanders, Esq., to make the same and have it served at once. He made the writ on that day, but not having revenue stamps at hand, he did not stamp the writ until two days or more after, but the appropriate stamp was duly put on the writ and duly cancelled before the same was served.
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This is an action of assumpsit. The writ is dated September 6, 1864, and was served on the 19th day of the same month. On the day of the date of the writ the plaintiff directed W. W. Flanders, Esq., to make the same and have it served at once. He made the writ on that day, but not having revenue stamps at hand, he did not stamp the writ until two days or more after, but the appropriate stamp was duly put on the writ and duly cancelled before the same was served. The defendant pleads the general issue and the statute of limitations, to which last plea the plaintiff replies a new promise. The…
1Opinion of the CourtBellows, J.
It is quite clear that a writ or other instrument is not absolutely void for want of a revenue stamp ; but the stamp may subsequently be affixed by the collector of the district on payment of its price and interest, and penalty also, unless the stamp was omitted by accident, mistake, inadvertence, or urgent necessity ; in which ease the collector is empowered to remit the penalty, and by the express provis*25ions of the act of March 3, 1865, amending section 158 of the act of June 30, 1864. Such instrument so stamped by the collector "shall therefore be deemed and held to be as valid to all…
2Cases cited2 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Burdick v. GreenNew York Supreme Court · 1820
3Cited by7 opinions
- Hodgdon v. Beatrice D. Weeks Memorial HospitalSupreme Court of New Hampshire · 1982
- Brady v. DuranSupreme Court of New Hampshire · 1979
- Berg v. KelleySupreme Court of New Hampshire · 1991
- Desaulnier v. Manchester School DistrictSupreme Court of New Hampshire · 1995
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
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