Wayman v. Torreyson
Nevada Supreme Court
. Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion of the Court. t * L Invalidity for want of a stamp must appear on the face of a promissory note, and if the stamp is correct, Courts will not inquire into the time when it was affixed or whether the penalty has been paid. (Edwards on Stamp Act, 256 ; 1 Chitty on Bills, 139 ; 1 Stephens’ Nisi Prius, p 797 ; Rex v. Buton, 17 Com.
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. Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion of the Court. t * L Invalidity for want of a stamp must appear on the face of a promissory note, and if the stamp is correct, Courts will not inquire into the time when it was affixed or whether the penalty has been paid. (Edwards on Stamp Act, 256 ; 1 Chitty on Bills, 139 ; 1 Stephens’ Nisi Prius, p 797 ; Rex v. Buton, 17 Com. Law, 434 ; Lfreen v. Davis, 10 Com. Law,'360.) ■ II. The objection to the note was not good because it appeared that the omission to stamp was without…
1Opinion of the Court
By the Court,
Beatty, C. J.
The facts of this case, so far as material to the points at issue on appeal, are as follows: On the fourth day of March, 1866, defendant executed his promissory note to Mrs. Margaret A. Way-man, or order, for $500 payable one day after date. This note when executed had no stamp attached to it. In July, 1866, Mrs. Wayman departed this life. Subsequently, John H. Wayman administered on the estate of Margaret A. Wayman, and whilst he was acting as such requested the defendant, Torreyson, to affix the proper stamps to the note. This Torreyson did in the month of…
2Cases cited3 opinions
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Tittle v. ThomasMississippi Supreme Court · 1855
- Irwin v. Rankin, Pennsylvania Court of Common Pleas, Alleghany County1793
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- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
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- Knox v. RossiNevada Supreme Court · 1899
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- Bergman v. Avenue State BankAppellate Court of Illinois · 1936
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