Gwinn v. Simes
Supreme Court of Missouri
Error to Saline (Jaunty Circuit Court. The contract was made on Sunday in violation of the statute, and is illegal and void. (Wagn. Stat.. 504, § 32 ; Barnard vs. Lapping, 32 Mo., 341; Peitz vs. Long, 40 Mo., 532; 1 Pars. Oont., 458 ; 24 N. Y., 353 ; Myers vs. Meinath, 3 Am. Rep.. 368, and notes ; Hill vs. AVilkee, 5 Am.
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Error to Saline (Jaunty Circuit Court. The contract was made on Sunday in violation of the statute, and is illegal and void. (Wagn. Stat.. 504, § 32 ; Barnard vs. Lapping, 32 Mo., 341; Peitz vs. Long, 40 Mo., 532; 1 Pars. Oont., 458 ; 24 N. Y., 353 ; Myers vs. Meinath, 3 Am. Rep.. 368, and notes ; Hill vs. AVilkee, 5 Am. Rep., 540, and authorities cited.) Nor can the contract made in violation of the statute be ratified and made valid, because, 1st, there is no contract to ratify, and 2d, that would he to punish the doing of an act indirectly, that is prohibited being done directly. (Gray vs.…
1Opinion of the CourtHough, Judge
This was a proceeding to foreclose a mortgage made by the defendants, to secure the payment of a promissory note for the sum of two thousand aud sixty dollars, executed by the defendant, Benjamin Simes, and dated September 7, 1863. The mortgage was signed on the 12th day of September, and acknowledged on the 17th day of September, 1863. The defendants pleaded in bar of a recovery and foreclosure, that' the consideration of the note sued on was money loaned by the plaintiff to the defendant, Benjamin Simes, and that said loan was made and the note therefor executed on the 6th day of September,…
2Cases cited1 opinion
- Heller v. CrawfordIndiana Supreme Court · 1871
3Cited by15 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Bick v. SealMissouri Court of Appeals · 1891
- Duncan v. BlackMissouri Court of Appeals · 1959
- Musick v. DodsonSupreme Court of Missouri · 1882
- Curry v. LafonMissouri Court of Appeals · 1908
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