Myers v. Meinrath
Massachusetts Supreme Judicial Court
Tort for the conversion of a coat; submitted to the determination of the superior court, and, on appeal, of this court, upon these facts agreed: “ The plaintiff and the defendant, on the Lord’s day, made a trade, whereby the defendant sold the plaintiff a set of jewelry, and the plaintiff sold the defendant a coat of the value of twenty-three dollars, which the defendant received in part exchange for the jewelry.
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Tort for the conversion of a coat; submitted to the determination of the superior court, and, on appeal, of this court, upon these facts agreed: “ The plaintiff and the defendant, on the Lord’s day, made a trade, whereby the defendant sold the plaintiff a set of jewelry, and the plaintiff sold the defendant a coat of the value of twenty-three dollars, which the defendant received in part exchange for the jewelry. A few days afterwards, the plaintiff, declining to keep the jewelry, returned it to the defendant. Afterwards the plaintiff requested the defendant to pay him the price of the coat;…
1Opinion of the CourtWells, J.
That contracts made upon the Lord’s day are illegal; that no action based upon such a contract can be maintained in a court of law or equity, either to enforce its obligations or to secure its fruits, in favor of either party; are propositions settled beyond controversy. But such contracts are not altogether inoperative. They may be executed by the parties, and then the same principle of public policy which leads courts to refuse to act, when called upon to enforce them, will prevent the court from acting to relieve either party from the consequences of the illegal transaction. This may…
2Cases cited3 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Adams v. GaySupreme Court of Vermont · 1847
- Jourdain v. ShermanMassachusetts Supreme Judicial Court · 1850
3Cited by58 opinions
- Cashin v. PliterMichigan Supreme Court · 1912
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Kadane v. ClarkTexas Supreme Court · 1940
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
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