Allen v. Deming
Superior Court of New Hampshire
Assumpsit upon a promissory note, dated on the 31st day of March, 1838, made by the defendant, payable to one Ira Coffin or order, and by him indorsed. It appeared in evidence that the note was given for a part of the purchase money for a quantity of shingles ; that the contract for the shingles was made on the Sabbath, and the note executed and delivered on the same day, but dated on the day previous.
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Assumpsit upon a promissory note, dated on the 31st day of March, 1838, made by the defendant, payable to one Ira Coffin or order, and by him indorsed. It appeared in evidence that the note was given for a part of the purchase money for a quantity of shingles ; that the contract for the shingles was made on the Sabbath, and the note executed and delivered on the same day, but dated on the day previous. The shingles were at Coffin’s, where they remained for about a month, when the defendant took them away and sold them. The defendant contended that the note, being made on the Sabbath, was void…
1Opinion of the CourtGilchrist, J.
The first section of the act of December 24th, 1799, N. H. Laws 167, (Ed. of 1830,} provides that no person whatsoever shall do or exercise any labor, business or work of his secular calling, works of necessity and mercy only excepted, on the Lord’s day, under a penalty of six dollars.
If wo regard the language of this statute as we examine the phraseology of other laws, its meaning is clear and explicit. If we seek to ascertain the purport and object of the law, apart from all considerations of its policy and expediency, with which this court has nothing to do, its intent seems to be free…
2Cases cited7 opinions
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
- Hunt v. KnickerbackerNew York Supreme Court · 1810
- Pray v. BurbankSuperior Court of New Hampshire · 1839
- Frost v. HullSuperior Court of New Hampshire · 1827
- Fales v. MayberryU.S. Circuit Court for the District of Rhode Island · 1815
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3Cited by6 opinions
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Arsenault v. Realty Funding Corp. (In re Arsenault)United States Bankruptcy Court, D. New Hampshire · 1995
- Boutelle v. MelendySuperior Court of New Hampshire · 1848
- Smith v. BeanSuperior Court of New Hampshire · 1844
1 more not listed; retrieve them via the Exa API.