Clough v. Davis
Superior Court of New Hampshire
This was an action of assumpsit upon a note dated July 27, 1835, for $>220, payable to John Barker, or order, in sixty day, with interest, and endorsed by the payee. The cause was tried upon the general issue, when it was admitted that the defendant made the note, it appeared that the note was given to secure the payment of the price of a certain share in the Man* estate, in Great Britain, conveyed by Barker to Davis.
Read the full summary
This was an action of assumpsit upon a note dated July 27, 1835, for $>220, payable to John Barker, or order, in sixty day, with interest, and endorsed by the payee. The cause was tried upon the general issue, when it was admitted that the defendant made the note, it appeared that the note was given to secure the payment of the price of a certain share in the Man* estate, in Great Britain, conveyed by Barker to Davis. It also appeared, that the note was written and signed on Sunday, the 26th day of July, 1835, and delivered on the same day to an agent, with authority to give it to the payee…
1Opinion of the CourtWilcox, J.
The statute of December 24, 1799, entitled “ An act for the better observation of the Lord’s day,” &c,, provides “ that no tradesman, artificer, or any other person whatsoever, shall do or exercise any labor, business or work of their secular callings, works of necessity and mercy only excepted, nor use any game, play, or recreation, on the first clay of the week, commonly called the Lord’s day, or any part thereof, upon pain that every person so offending shall forfeit a sum not exceeding six dollars nor less than one.” 1 Laws 167. The phraseology of this statute differs somewhat from that…
2Cited by2 opinions
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Varney v. FrenchSuperior Court of New Hampshire · 1848