Dodson v. Harris
Supreme Court of Alabama
Writ of Error to the Circuit Court of Benton. This was an action of assumpsit at the suit of the plaintiff, Dodson. The declaration contains a count upon a promissory note, by which the defendants, on the 23d February, 1843, promised to pay to the plaintiff below, one hundred and fifty dollars, in Alabama bank notes, on the first day of Janu_ ary, 1844, with interest from the date.
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Writ of Error to the Circuit Court of Benton. This was an action of assumpsit at the suit of the plaintiff, Dodson. The declaration contains a count upon a promissory note, by which the defendants, on the 23d February, 1843, promised to pay to the plaintiff below, one hundred and fifty dollars, in Alabama bank notes, on the first day of Janu_ ary, 1844, with interest from the date. There were also added, counts for a horse sold and delivered, and money paid, laid out and expended. The defendants pleaded — 1. Non. assumpsit. 2. Fraud. 3. Failure of consideration, 4. Want of consideration. 5.…
1Opinion of the Court
COLLIER, G. J.
Our statute for the observance of the Sabbath, employs terms of more unlimited import than the 29 Car. II. ch. 7, § 6, and has been repeatedly so adjudged. See O’Donnell v. Sweeney, 5 Ala. Rep. 467; Pierce v. Hill, 9 Porter’s Rep. 151; Shippey v. Easterwood, 9 Ala. Rep. 198.] These Cases are conclusive to show, that the note-now in question, if made on Sunday, is void, and if the con*569tract which led to it was made on the same day, no benefit ¡ chn be claimed from it. *
The only question then, which is open for decision in the present case is this, can it be inferred from…
2Cases cited3 opinions
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- O'Donnell v. SweeneySupreme Court of Alabama · 1843
- Martin v. AverySupreme Court of Alabama · 1845
3Cited by22 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Morris v. HallSupreme Court of Alabama · 1868
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