Adams v. Hamell
Michigan Supreme Court
Case reserved from Oakland Circuit Court. Assumpsit upon a promissory note made by the defendant, and payable to the plaintiff. On the trial the defendant proved that the note was given for a balance due him on an exchange of horses with the plaintiff; and that the horses were driven up, examined, tried, the terms agreed upon, the exchange consummated, and the note made and delivered, on Sunday.
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Case reserved from Oakland Circuit Court. Assumpsit upon a promissory note made by the defendant, and payable to the plaintiff. On the trial the defendant proved that the note was given for a balance due him on an exchange of horses with the plaintiff; and that the horses were driven up, examined, tried, the terms agreed upon, the exchange consummated, and the note made and delivered, on Sunday. The court charged the jury that these facts constituted no defence to the action; and, a verdict having been found for the plaintiff, the defendant moved for a new trial on the ground that the charge…
1Opinion of the CourtFelch, J.
Contracts made on Sunday are not void at common law. Drury v. Defontaine, 1 Taun. 135; Story v. Elliot, 8 Cow. R. 27. But our statute declares that “ no person shall keep open his shop, warehouse, or workhouse, or shall do any manner of labor, business, or work, except only works of necessity and charity,” See. “ on the first day of the week, and every person so oilending, shall be punished by a fine not exceeding ten dollars for each offence." R. S. 1838, p. 209, § 1.*
It is clear that the note on which this action is founded, is void, and courts must refuse their aid to enforce it, if the…
2Cases cited1 opinion
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
3Cited by6 opinions
- Tucker v. WestSupreme Court of Arkansas · 1874
- Costello v. EyckMichigan Supreme Court · 1891
- More v. ClymerMissouri Court of Appeals · 1882
- Searles v. ReedMichigan Supreme Court · 1886
- Arbuckle v. ReaumeMichigan Supreme Court · 1893
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