
    SUPREME COURT.
    Ely Hoppock agt. Erastus Plato and George C. Stone.
    A mortgage to secure ten thousand dollars, stamped with a five cent stamp, is void for the want of a proper stamp.
    New York Special Term,
    
    
      December, 1865.
    Smith & Woodward, for plaintiff.
    
    Nelson Smith and Edward Gilbert, for defendant.
    
   Ingraham, J.

This suit was brought to enforce an instrument in the nature of a mortgage, on certain property of the defendant Plato, in favor of plaintiff, to secure the payment of notes to the amount of $10,000. After giving the instrument, defendant Plato executed a general assignment to the defendant Stone, conveying all his property, including that covered by the mortgage to plaintiff. The mortgage was stámped with a five cent stamp.

The court held it to be void under the stamp act, for want of the proper stamp to be affixed to a mortgage to secure $10,000, and dismissed the complaint with costs.  