Platt v. Broach
United States District Court
This action is brought by the receiver of the Farmers and Citizens National Bank, to recover the amount of a promissory note, made and indorsed by the defendants. It now comes before the court upon a motion for judgment upon a verdict for the plaintiff, which was taken by direction of the court subject to the opinion of the court.
1Opinion of the CourtBenedict, J.
Among the other points taken by the defendant in opposition to the motion is this, that the evidence did not show the note, upon which the suit is brought, to have been stamped as required by the revenue laws; while on the part of the plaintiff it is insisted that inasmuch as the note in evidence bears upon its face the proper stamp, purporting to have been duly canceled on the day of the date of the note, it is to be presumed to have been duly affixed on that day. .
There appears to have been some misunderstanding of the evidence given upon this point. As the notes of the trial show the…
2Cited by1 opinion
- Vaughan v. O'BrienNew York Supreme Court · 1870