Legal Opinion

Thomson v. Wilson

Supreme Court of Iowa

Decided December 10, 1868PublishedCited by 2 opinions

Appeal from Benton District Court. Action upon a promissory note alleged in the petition to be lost. Yerdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

1. Stamps : evidence. — I. During the progress of the trial, a witness for defendant produced the note sued on, which the petition averred to be lost. Defendant thereupon introduced the note in evidence without objection by plaintiff. The defendant ashed the court to instruct the jury that, inasmuch as there was no United States revenue stamp upon the note, it was not a valid instrument, and no judgment could be rendered thereon, and that the jury must therefore find for the defendant. This instruction was refused, and the jury were directed that, there being no issue made in the pleadings…

2Cited by2 opinions

  1. Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
  2. Chamberlin v. RobertsonSupreme Court of Iowa · 1871

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