Horton v. Buffinton
Massachusetts Supreme Judicial Court
Replevin of a wagon. At the trial in the superior court, before Wilkinson, J., it appeared that Jarvis B. Horton, the original owner of the wagon, sold and delivered it to Charles A. Horton, who subsequently sold it to the plaintiff ; and that, while in the plaintiff’s hands, it was attached by the defendant, a deputy sheriff, on a writ against Jarvis B. Horton. There was evidence tending to show that the sale by Jarvis B. Horton to Charles A. Horton was on a Sunday.
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Replevin of a wagon. At the trial in the superior court, before Wilkinson, J., it appeared that Jarvis B. Horton, the original owner of the wagon, sold and delivered it to Charles A. Horton, who subsequently sold it to the plaintiff ; and that, while in the plaintiff’s hands, it was attached by the defendant, a deputy sheriff, on a writ against Jarvis B. Horton. There was evidence tending to show that the sale by Jarvis B. Horton to Charles A. Horton was on a Sunday. The defendant requested the judge to instruct the jury that “if Jarvis B. Horton undertook to sell the property to Charles A.…
1Opinion of the CourtAmes, J.
It is well settled that contracts made upon the Lord’s day are illegal and cannot be enforced. It is equally well settled, however, that after such a contract has been executed and carried into full effect, the law will not aid a party, who has paid money or delivered property in pursuance of' its terms, to reclaim what he has so parted with. The policy of the law is to leave the parties in all such cases without remedy against each other. The defence of illegality is allowed, “ not as a protection to the defendant, but as a disability in the plaintiff.” Myers v. Meinrath, 101 Mass. 366.
The…
2Cases cited3 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
- Jourdain v. ShermanMassachusetts Supreme Judicial Court · 1850
3Cited by9 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Duane v. Merchants Legal Stamp Co.Massachusetts Supreme Judicial Court · 1918
- Pelosi v. BugbeeMassachusetts Supreme Judicial Court · 1914
- Mann v. United Motor Boston Co.Massachusetts Supreme Judicial Court · 1917
- Block v. McMurryMississippi Supreme Court · 1878
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