Smith v. Bean
Superior Court of New Hampshire
Trespass, for taking a pair of oxen. The claim was submitted to referees, who reported that one Boies on the 20th of February, 1836, being Sunday, for a valuable considerationrsold the oxen to the plaintiff, to be delivered afterwards. On a subsequent Sunday, Boies agreed that the plaintiff might send and -take them from a certain pasture. lie did so on the next day. A few days after, the defendant attached them as the property of Boies in the possession of the plaintiff.
Read the full summary
Trespass, for taking a pair of oxen. The claim was submitted to referees, who reported that one Boies on the 20th of February, 1836, being Sunday, for a valuable considerationrsold the oxen to the plaintiff, to be delivered afterwards. On a subsequent Sunday, Boies agreed that the plaintiff might send and -take them from a certain pasture. lie did so on the next day. A few days after, the defendant attached them as the property of Boies in the possession of the plaintiff. Ob these facts the referees awarded that the plaintiff recover a sum named as damages and costs, unless the court should…
1Opinion of the CourtParker, C. J.
The contract of salo by Boies to the plaintiff *578was made on the Sabbath. The plaintiff took possession of the oxen on Monday. If Boies had delivered them on that day, the completion of the sale by the delivery being lawful, it would not have formed a legal objection to the sale, that the negotiation respecting it, ending in an agreement to make it, took place at a time when secular labor was forbidden and unlawful. The contract would have- been executory until perfected by the delivery, and the perfected contract of sale would have- been lawful and binding.
But the report shows no delivery of…
2Cases cited2 opinions
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Clark v. GibsonSuperior Court of New Hampshire · 1841
3Cited by2 opinions
- Bartlett v. HoytSuperior Court of New Hampshire · 1854
- Jenness v. BerrySuperior Court of New Hampshire · 1845