Green v. Holway
Massachusetts Supreme Judicial Court
Contract on a written agreement, signed by the defendant under date of May 11,1867, to buy a house from the plaintiff. The answer, among other defences, alleged that the writing “was not duly stamped.”
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Contract on a written agreement, signed by the defendant under date of May 11,1867, to buy a house from the plaintiff. The answer, among other defences, alleged that the writing “was not duly stamped.” Trial in the superior court, before Reed, J., who made a report thereof, the material part of which was as follows: “ The plaintiff testified as a witness in his own behalf, and during his examination in chief produced the contract and testified to its execution by the defendant; and it was then read by his counsel to the jury, without objection. Afterwards on cross-examination, the plaintiff…
1Opinion of the CourtGray, J.
The true meaning and effect of the act of congress relating to stamps upon written instruments, under which this case arises, may be best reached by first considering the provisions of the previous acts, and the adjudged cases, upon the same subject.
The early stamp acts of the United States went no further than to declare that certain instruments and writings, not stamped as required by law, should not “ be pleaded or given in evidence in any court, or admitted in any court to be available in law or equity,” unless or until duly stamped. U. S. Sts. 1797, c. 11, § 13; 1813, c. 53, § 7; 1 U. S.…
2Cases cited19 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- United States v. WigglesworthU.S. Circuit Court for the District of Massachusetts · 1842
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Hallock v. JaudinCalifornia Supreme Court · 1867
- United States v. Eighty-Four Boxes of SugarSupreme Court of the United States · 1833
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3Cited by35 opinions
- In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
- Small v. SlocumbSupreme Court of Georgia · 1900
- Crane v. ReederMichigan Supreme Court · 1874
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Garland v. GainesSupreme Court of Connecticut · 1901
30 more not listed; retrieve them via the Exa API.