Stacy v. Kemp
Massachusetts Supreme Judicial Court
Contract upon a promissory note, the making of which the defendant admitted in his answer. At the trial in the superior court, before Rockwell, J., it appeared in evidence that the note bore date of a day which was the Lord’s day, and was payable on demand; but there was testimony tending to show that it was made and given to the plaintiff on a previous secular day.
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Contract upon a promissory note, the making of which the defendant admitted in his answer. At the trial in the superior court, before Rockwell, J., it appeared in evidence that the note bore date of a day which was the Lord’s day, and was payable on demand; but there was testimony tending to show that it was made and given to the plaintiff on a previous secular day. The defendant thereupon asked the judge to rule that if it was delivered on such a previous day, under an agreement that it should be dated and take effect upon a subsequent Lord’s day, it was void ; but the judge 'uled to the…
1Opinion of the CourtChapman, J.
1. The defendant does not deny that evidence was admissible to show that, though the note bears date on a Lord’s day, it was made and given to the plaintiff on a previous day. This fact being established, it appears that the note was given without a "iolation of the Lord’s day by either party If *168there was any violation connected with the note, it must have been by the silent operation of a legal principle, resulting from the date of the note. It cannot be seriously contended that this was work or labor within the statute.
2. The writing offered in evidence was a mere bill of parcels, and oral…
2Cited by24 opinions
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
- Earle v. RobinsonNew York Supreme Court · 1895
- Roche v. GryzmishMassachusetts Supreme Judicial Court · 1931
- Billings v. EverettCalifornia Supreme Court · 1878
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