Finn v. Donahue
Supreme Court of Connecticut
Assumpsit for money had and received, brought originally before a justice of the peace and appealed by the defendant to the Superior Court, where it was tried on the general issue closed to the court, before Pardee, J. The court found that the money sought to be recovered was the sum of'$50, which was loaned by the plaintiff to the defendant on a Sunday in June, 1867, in the afternoon, before the setting of the sun; that the plaintiff took no note; and that afterwards, on a…
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Assumpsit for money had and received, brought originally before a justice of the peace and appealed by the defendant to the Superior Court, where it was tried on the general issue closed to the court, before Pardee, J. The court found that the money sought to be recovered was the sum of'$50, which was loaned by the plaintiff to the defendant on a Sunday in June, 1867, in the afternoon, before the setting of the sun; that the plaintiff took no note; and that afterwards, on a week day, he demanded the money of the defendant, who refused to pay it, and that it had never been paid. On these facts…
1Opinion of the CourtHinman, C. J.
The plaintiff’s demand was for the sum of fifty dollars loaned to the defendant on a Sunday in the month of June, 1867; and the question in the case is, whether the plaintiff can recover for a sum of money loaned before the setting of the sun on the Lord’s day. And we are of opinion that he can not.
Our statute in relation to the keeping of the Lord’s day provides, among other things, “ that no person shall do any secular business, work or labor, works of necessity and mercy excepted, on the Lord’s day, between the rising of the sun and the setting of the same, under a penalty of not less than…
2Cases cited1 opinion
- Phalen v. ClarkSupreme Court of Connecticut · 1849
3Cited by18 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Sagal v. FylarSupreme Court of Connecticut · 1915
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Dibiase v. GarnseySupreme Court of Connecticut · 1925
- Tator v. ValdenSupreme Court of Connecticut · 1938
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