33 Iowa 26 | Iowa | 1871
On the authority of Campbell v. Wilcox, 10 Wal. 421, this court, in Mitchell v. The Home Insurance Co., 32 Iowa, 421, overruled Hugus v. Strickler, 19 id. 416, and the cases following it, holding that an instrument, which, under the act of congress, is required to be stamped, will be deemed invalid for want of a stamp only in case it was omitted with intent to evade the provisions of the act and defraud the government of the stamp duty.
The United States supreme court in Campbell v. Wilcox holds, that “ the act of congress which requires promissory notes and other instruments to be stamped, only declares that they c shall be deemed invalid and of no effect5 when the stamp is omitted ‘ with intent to evade the provisions of the act, that is, with intent to defraud the. government of the stamp duty. It is a fraudulent and not an accidental omission at which the penalty of the statute is directed. Such fraudulent omission, if available at all to the maker
In the ease before us, while this defense, want of a stamp, was sufficiently pleaded, it was not sustained by evidence. The court therefore properly rendered judgment for plaintiff. This is the effect of the decision, in Campbell v. Wilcox, which we are bound to follow.
We do not find it necessary, in this view of the case, to pass upon the other question presented, viz., whether a guaranty written upon a note requires a stamp. We express no opinion thereon.
Affirmed.