Berry v. Clary
Supreme Judicial Court of Maine
On exceptions from superior court. Assumpsit on the promissory note of the defendants for one hundred and twenty-five dollars, dated November 26, 1876, payable in six months. The note was given for a horse which the defendant took of the plaintiff on the day of the date of the note. It was admitted, that November 26, 1876, was Sunday, and the defendant, Edwin E. Clary, testified that the note was written, signed and delivered: on the day of its date.
Read the full summary
On exceptions from superior court. Assumpsit on the promissory note of the defendants for one hundred and twenty-five dollars, dated November 26, 1876, payable in six months. The note was given for a horse which the defendant took of the plaintiff on the day of the date of the note. It was admitted, that November 26, 1876, was Sunday, and the defendant, Edwin E. Clary, testified that the note was written, signed and delivered: on the day of its date. And he testified to other facts tending to show that the transaction was at the request of the plaintiffto prevent the horse from being taken…
1Opinion of the CourtFoster, J.
The note in suit was made and delivered on 'Sunday. The defendant, therefore, must prevail unless ch. 194, Pub. Laws of 1880 (R. S., c. 82, § 116) passed nearly four .years after the date of the note, is retroactive and precludes the 'defense set up in this suit. The statute provides that " no person who receives any money, or valuable thing, as the consideration for a contract, express or implied, made and entered into on Sunday, shall be permitted to defend any action upon such contract on the ground that it was so made and entered into on Sunday, until he shall restore such consideration…
2Cited by13 opinions
- Kelly v. DeweySupreme Court of Connecticut · 1930
- Miller v. FallonSupreme Judicial Court of Maine · 1936
- Fournier v. FournierSupreme Judicial Court of Maine · 1977
- Thut v. GrantSupreme Judicial Court of Maine · 1971
- W. S. Libbey Co. v. JohnsonSupreme Judicial Court of Maine · 1953
8 more not listed; retrieve them via the Exa API.