Howe v. Ballard
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Langlade cotmty: Joi-iN GoodlaNd, Circuit Judge. Action to recover on a promissory note made and delivered in tbe state of Kentucky on Sunday, November 21,1897. Tbe defense relied on was that tbe note was void because executed and delivered on tbe Sabbatb day.
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Appeal from a judgment of tbe circuit court for Langlade cotmty: Joi-iN GoodlaNd, Circuit Judge. Action to recover on a promissory note made and delivered in tbe state of Kentucky on Sunday, November 21,1897. Tbe defense relied on was that tbe note was void because executed and delivered on tbe Sabbatb day. Tbe statute of Kentucky relied on was put in evidence by stipulation, but tbe unwritten law of tbe state, tbe judicial construction of sucb statute, was not put in evidence. Tbe cause was tried by tbe court. Findings were filed to tbe effect that tbe note was made and delivered in tbe…
1Opinion of the CourtMaRShall, J.
The vital question for consideration is this: Ts a promissory note, made and delivered in the state of Ken-ducky on the Sabbath day, in settlement of an account for merchandise, such making and delivery being part of a business transaction involving the collection of such account, valid 'by the Kentucky law 1 Erom the manner the question suggested is presented here, we apprehend that there was a similar presentation in the trial court, and that it was there assumed that the unwritten law of Kentucky, consisting of the decisions of its highest court construing the statute in question, was…
2Cases cited2 opinions
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