Browne v. Steck
Supreme Court of Colorado
Error to Probate Court, Arapahoe County. The plaintiff declared upon a note of hand as follows : $280. Denver, O. T., May 7, 1864. Thirty days after date, we promise to pay to Rogers & Wilcox, or order, the sum of two hundred and eighty dollars for value received, negotiable and payable without defalcation or discount, at Rogers &• Wilcox’s office, in Denver, Colorado Territory, with interest at the rate of ten per cent per month from maturity until paid.
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Error to Probate Court, Arapahoe County. The plaintiff declared upon a note of hand as follows : $280. Denver, O. T., May 7, 1864. Thirty days after date, we promise to pay to Rogers & Wilcox, or order, the sum of two hundred and eighty dollars for value received, negotiable and payable without defalcation or discount, at Rogers &• Wilcox’s office, in Denver, Colorado Territory, with interest at the rate of ten per cent per month from maturity until paid. (Signed) ROBERT S. WILSON, SAMUEL E. BROWNE. Several matters were pleaded by the defendants, and the fourth plea of defendant Browne, to…
1Opinion of the CourtHallett, C. J.
By the revenue act of 1864 (13 Stat. at Large, 295), an instrument not stamped according to law might be stamped in the presence of the court, and by the act of 1866 (14 Stat. at Large, 143), authority was conferred on the collector of the district to affix the proper stamps in all cases in which they had been omitted. Under the act of 1866, the collector was authorized to remit the penalty prescribed by the act, within twelve calendar months.from the 1st day of August in that year, upon satisfactory proof that the omission to stamp the instrument was not intentional. This act was…
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