Legal Opinion

Kelley v. Cosgrove

Supreme Court of Iowa

Decided June 2, 1891PublishedCited by 6 opinions

Appeal from Hancock District Court. — Hon. Gr. W. Buddick, Judge. Action of replevin for a horse. The petition shows that the plaintiffs were the owners of the horse in question, and that on Sunday, the eleventh day of August, 1889, they traded or exchanged said horse with the defendant for a certain mare, the exchange of possession being made on that day; that on the next day Thomas Kelley, as the agent of the plaintiffs, tendered back the mare, and demanded a return of the…

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Appeal from Hancock District Court. — Hon. Gr. W. Buddick, Judge. Action of replevin for a horse. The petition shows that the plaintiffs were the owners of the horse in question, and that on Sunday, the eleventh day of August, 1889, they traded or exchanged said horse with the defendant for a certain mare, the exchange of possession being made on that day; that on the next day Thomas Kelley, as the agent of the plaintiffs, tendered back the mare, and demanded a return of the horse, for the reason that the exchange or trade was made on Sunday, and was therefore void, which the defendant…

1Opinion of the CourtGranger, J.

1. Contracts made on Sunday: rescision. I. These parties met and exchanged horses on Sunday. The transaction was unlawful. The record does not disclose that either party suffered a loss in the transaction. It was an exchange of a horse for a horse, and there is no averment or claim that they are not of equal value. The parties were alike in the wrong, and the law makes the same presumption for and against each. If this exchange had been made on a secular day, there could be no pretense of the plaintiffs’ right of' recovery. The question is, therefore, one of a naked legal right, not to relief…

2Cases cited5 opinions

  1. Jordan v. KavanaughSupreme Court of Iowa · 1884
  2. Pike v. KingSupreme Court of Iowa · 1864
  3. Kinney v. McDermotSupreme Court of Iowa · 1881
  4. Block v. McMurryMississippi Supreme Court · 1878
  5. Gunderson v. RichardsonSupreme Court of Iowa · 1881

3Cited by6 opinions

  1. Foss v. CoblerSupreme Court of Iowa · 1898
  2. Brown v. Iowa Legion of HonorSupreme Court of Iowa · 1899
  3. Rickards v. RickardsCourt of Appeals of Maryland · 1903
  4. Canning v. BennettSupreme Court of Oklahoma · 1952
  5. Wilson v. CalhounSupreme Court of Iowa · 1915

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