Glover v. Cheatham
Missouri Court of Appeals
Error to Lafayette Circuit Court, Hon. John P„ Strother, Judge. The case is stated in the opinion. I. The common law did not invalidate contracts made on Sunday. Fox v. Musch, 3 W. & S. 446 ; Shuman v. Shuman, 3 Casey 90; Johnson v. Brozan, 13 Kansas 529 ; State v. Ricketts, 74 N. C. 187; Bloom v. Richards, 2 Ohio St. 388; Boynton v. Page, 13 Wendell (N. Y.) 425 ; Moore v. Olymer, 12 Mo. App. 14. II.
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Error to Lafayette Circuit Court, Hon. John P„ Strother, Judge. The case is stated in the opinion. I. The common law did not invalidate contracts made on Sunday. Fox v. Musch, 3 W. & S. 446 ; Shuman v. Shuman, 3 Casey 90; Johnson v. Brozan, 13 Kansas 529 ; State v. Ricketts, 74 N. C. 187; Bloom v. Richards, 2 Ohio St. 388; Boynton v. Page, 13 Wendell (N. Y.) 425 ; Moore v. Olymer, 12 Mo. App. 14. II. The statute of this state, as to Sabbath-breaking, Revised Statutes, section 1578, does not change the common law. The word “labor” does not comprise the making of contracts. Moore v. Olymer, 12…
1Opinion of the CourtHall, J.
This is an action upon a promissory note, executed and delivered in 1879 upon a Sunday. The note was given for a debt, which was barred by the .statute of limitations.
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The principal, if not the only, question presented for our determination is, “is a promissory note, in tin's state, executed and delivered on Sunday, void? ”
At common law a note executed and delivered on Sunday was not void. 2 Benjamin on Sales, sect. 842 ; Moore v. Clymer, 12 Mo. App. 14 ; Bloom v. Richards, 2 Ohio St. 388.
And such is the law in this state, unless the rule of the common law has been changed by some statute of…
2Cases cited4 opinions
- Merritt v. . EarleNew York Court of Appeals · 1864
- Gwinn v. SimesSupreme Court of Missouri · 1875
- More v. ClymerMissouri Court of Appeals · 1882
- Horacek v. KeeblerNebraska Supreme Court · 1877
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- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Roberts v. BarnesSupreme Court of Missouri · 1895
- Frame v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1896