Brown v. Timmany
Ohio Supreme Court
Error to the court of common pleas of Athens county. Reserved for decision in this court by. the Supreme Court in that county.
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Error to the court of common pleas of Athens county. Reserved for decision in this court by. the Supreme Court in that county. The action was assumpsit, commenced originally before a justice of the peace, by whose judgment the plaintiff recovered six dollars damages, and costs of suit, on April 11, 1850. The defendant appealed to the court of common pleas, where the cause, after sundry continuances, was tried by a jury, at the September term, 1851. Under the charge of the court, the jury returned a verdict for defendant. The bill of exceptions shows that the plaintiff and defendant made an…
1Opinion of the CourtSpalding, J.
In Sellers v. Dugan, 18 Ohio, 493, this court, with one dissenting voice, decided that an ordinary contract, made in the course of business, on a Sunday, is void, and that no action can be sustained to recover damages for the breach of such a contract.
The question whether money paid on the contract could be recovered back in the action of assumpsit, was not submitted, much loss determined, in that suit.
*The question is directly presented for adjudication in the case at bar, and we have no hesitation in saying that the court of common pleas erred in its instructions to the jury.
We have…
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- Cincinnati v. Covington & Cincinnati Bridge Co.Hamilton Circuit Court · 1900
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