Legal Opinion

Pope v. Linn

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 3 opinions

Exceptions from the ruling of Appleton, J., at Nisi Prius. This was an action of assumpsit on a promissory note dated Nov. 3, 1855. There was evidence tending to prove that the note was executed and delivered on Sunday, Nov. 4,1855, between the hours of nine and twelve A. M. Also, that some ten days before the note was sued, the defendant was requested to pay the note, as it was nearly outlawed; and that the defendant then said he could not pay it then, but would pay it…

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Exceptions from the ruling of Appleton, J., at Nisi Prius. This was an action of assumpsit on a promissory note dated Nov. 3, 1855. There was evidence tending to prove that the note was executed and delivered on Sunday, Nov. 4,1855, between the hours of nine and twelve A. M. Also, that some ten days before the note was sued, the defendant was requested to pay the note, as it was nearly outlawed; and that the defendant then said he could not pay it then, but would pay it immediately; and evidence to the contrary. The presiding Judge instructed the jury — (1), that if they should be satisfied…

1Opinion of the Court

The opinion of the Court was drawn up by

Walton, J.

The defence to the note in suit is, that it was made and delivered on Sunday. The plaintiff contends that the note would not be for that cause absolutely void, and that upon this point the presiding Judge erred in his instructions to the jury.

Perhaps it is not strictly accurate to say that such a note is void; for, if such were the law, an action by an innocent indorsee could not be maintained. Notes made on Sunday are, however, generally spoken of as being void, but nothing more is meant than that such notes are void for the purpose for which…

2Cited by3 opinions

  1. Vinz v. BeattyWisconsin Supreme Court · 1884
  2. Calhoun v. PhillipsSupreme Court of Georgia · 1891
  3. Parker v. PittsIndiana Supreme Court · 1881

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