Melvin v. Easley
Supreme Court of North Carolina
This was an action on the case, for a deceit and false warranty on the sale of a horse, tried before Person,. J., at the Spring Term, 185T, of New Hanover Superior Court. The plaintiff gave in evidence a paper-writing acknowledging the receipt of the purchase-money, and warranting the horse in question to he “sound and healthy,” which was da: ted 8th of January, 1849, and witnessed by a subscribing witness.
Read the full summary
This was an action on the case, for a deceit and false warranty on the sale of a horse, tried before Person,. J., at the Spring Term, 185T, of New Hanover Superior Court. The plaintiff gave in evidence a paper-writing acknowledging the receipt of the purchase-money, and warranting the horse in question to he “sound and healthy,” which was da: ted 8th of January, 1849, and witnessed by a subscribing witness. It was proved that the sale of the horse took place on the day preceding that set forth in the writing, to wit, on Sunday the seventh of that month, when the animal was deliver The…
1Opinion of the CourtPearson, C. J.
The defendant sold a horse to the plaintiff ■with a warranty of soundness which was false. The-sale was ¡made on .Sunday, in the country, no one being present, except the parties and a witness. The defendant was a horse-trader, which was known to the plaintiff. The question is, can the -defondant defend the action because the sale was on Sunday?
The defense is pnt on the statute, Rev. Statutes, ch. 118, sec. 1. “That all and ev-ery person and persons whatsoever, •shall, on the Lord’s day, commonly called Sunday, carefully apply themselves to the duties of religion and piety, and that ao…
2Cases cited1 opinion
- Meacham v. FaySupreme Court of Vermont · 1834
3Cited by7 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- American Civil Liberties Union of Ohio and the Reverend Matthew Peterson v. Capitol Square Review and Advisory Board Robert Taft, Governor of Ohio Ronald R. Keller, Executive Director of the Board Daniel Shellenbarger, Assistant Director of the Board Richard H. Finan, Ohio State Senator J. Kenneth Blackwell, Secretary of State and Thomas M. Zaino, Tax CommissionerCourt of Appeals for the Sixth Circuit · 2001
- Sharp, Admr. v. . FarmerSupreme Court of North Carolina · 1838
- Hilliard v. . PhillipsSupreme Court of North Carolina · 1879
- McGowan v. MarylandSupreme Court of the United States · 1961
2 more not listed; retrieve them via the Exa API.