Kaufman v. Hamm
Supreme Court of Missouri
Appeal from Daviess Circuit Court. This was an action on a promissory note. The note was given to plaintiff for a bill of groceries previously sold by him to the defendant Hamm. The plaintiff was a grocer in the city of Weston. The note was executed and delivered by the defendants to an agent of plaintiff on Sunday. It was dated back the preceding Saturday.
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Appeal from Daviess Circuit Court. This was an action on a promissory note. The note was given to plaintiff for a bill of groceries previously sold by him to the defendant Hamm. The plaintiff was a grocer in the city of Weston. The note was executed and delivered by the defendants to an agent of plaintiff on Sunday. It was dated back the preceding Saturday. The court refused the following declaration asked by the defendants : “ If the note sued on in this cause was signed by the defendants on the first day of the week commonly called Sunday, and was also on the same Sunday delivered by the…
1Opinion of the CourtNapton, Judge
The only question in this case is whether a note for an antecedent debt given on Sunday is void.
Our statute makes it a misdemeanor for a person to labor himself or compel or permit his apprentice, servant, or slave, or any other person under his charge or control, to labor or perform any work, other than those of necessity or charity, on the first day of the week, commonly called Sunday.
The British statute of 29 Char. 2, ch. 7, enacted that “ no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any wordly labor, business or work of their ordinary…
2Cases cited1 opinion
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
3Cited by4 opinions
- Tucker v. WestSupreme Court of Arkansas · 1874
- Roberts v. BarnesSupreme Court of Missouri · 1895
- Johnson v. BrownSupreme Court of Kansas · 1874
- Luebbering v. OberkoetterMissouri Court of Appeals · 1876