King v. Fleming

This action was brought on a promissory note made in the State of Indiana. The defense urged is, it was executed on Sunday, and, by the laws of that State, it is made unlawful to engage “in common labor” or “usual avocations, works of charity or necessity, only, excepted.” Hence it is insisted the note is void.

The testimony shows the note was written sometime during the week prior to the day it bears date. It was, in fact, signed by appellant on Sunday, but not delivered to appellee until Monday. There is no evidence as to when the other maker signed his name. In the absence of proof, it will…