Chestnut v. Harbaugh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fulton county: Of May Term 1875, No. 27. This was an issue under the Sheriffs’ Interpleader Act of 1848, extended to proceedings by attachment by Act of January 30th 1871, sect. 1, Pamph. L. 12, 1 Br. Purd. 54,'pi. 76. The issue was framed September 4th 1878, between George Chestnut, plaintiff, and James H. Harbaugh and Joseph Cessna, defendants.
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Error to the Court of Common Pleas of Fulton county: Of May Term 1875, No. 27. This was an issue under the Sheriffs’ Interpleader Act of 1848, extended to proceedings by attachment by Act of January 30th 1871, sect. 1, Pamph. L. 12, 1 Br. Purd. 54,'pi. 76. The issue was framed September 4th 1878, between George Chestnut, plaintiff, and James H. Harbaugh and Joseph Cessna, defendants. The question in this issue arose under the following facts: James G. Lyon and John W. Lyon, residing in Fulton county in 1873, and being the owners of a number of mules, with their harness, &c., used them in…
1Opinion of the CourtJustice Gordon
We think the court erred in instructing the jury that if the contract of sale between Lyon and Chestnut was consummated on Sunday it was void, and no property in the mules passed to Chestnut, and there was none in him at the time of the service of attachment. We have many authorities, among others, Baker v. Lukens, 11 Casey 146, and Shuman v. Shuman, 3 Id. 90, which rule that an executed contract is not void because made on Sunday. The Sunday law does not pronounce such contracts void, but because they are contra bonos mores the law will not lend its aid to execute such as are executory.…
2Cited by6 opinions
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- Rosenbaum v. HayesNorth Dakota Supreme Court · 1901
- Bank of the United States v. Shetter, Pennsylvania Court of Common Pleas, Dauphin County1927
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