Brown v. Gates
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought by plaintiffs as co-partners to recover on two notes made by defendant, each of $5,000, with interest, dated January 12, 1895, payable to plaintiffs, or order, on or before eighteen months after date at their office in Boston, Massachusetts. The defendant admits the making of the notes, and that there was a manual tradition of the same.
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Appeals from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought by plaintiffs as co-partners to recover on two notes made by defendant, each of $5,000, with interest, dated January 12, 1895, payable to plaintiffs, or order, on or before eighteen months after date at their office in Boston, Massachusetts. The defendant admits the making of the notes, and that there was a manual tradition of the same. He avers, however, that the notes were in fact made, executed, and delivered on Sunday,’January 13, 1895, under a parol agreement whereby it was…
1Opinion of the Court
Tbe following opinion was filed November 17, 1903:
Siebeoeeb, J.
Tbe defendant avers tbat tbe notes su.ed ■on by plaintiffs were executed and delivered on Sunday, and •are therefore void in law. As stated, there is no dispute but that tbe notes were signed by defendant on Sunday, January 13, 1895. Tbe jury found they were delivered to plaintiffs on tbe same day. Por tbis reason defendant contends they are void in plaintiffs’ bands. Courts have refused to maintain actions on contracts when made in violation of statutes for .the observance of Sunday, and have declared them •void as between tbe…
2Cases cited11 opinions
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Newman v. KershawWisconsin Supreme Court · 1860
- Bartlett v. CollinsWisconsin Supreme Court · 1901
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