Stevens v. Wood
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $63.50, dated June 1, 1877, signed by the defendant, payable to Charles G. Fletcher or order on demand, and by him indorsed to the plaintiff. Writ dated March 7, 1878. Answer, that the note was signed and delivered on the Lord’s day.
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Contract upon a promissory note for $63.50, dated June 1, 1877, signed by the defendant, payable to Charles G. Fletcher or order on demand, and by him indorsed to the plaintiff. Writ dated March 7, 1878. Answer, that the note was signed and delivered on the Lord’s day. Trial in the Superior Court, without a jury, before Colburn, J., who found the following facts : Fletcher held a note against the defendant, dated June 5,1871, payable on demand, upon which no payment had been made. In May and June, 1877, Fletcher was temporarily absent from the Commonwealth, and, finding that the note would…
1Opinion of the CourtGray, C. J.
The whole transaction between the defendant and Ball, the agent of Fletcher, by which the old note was siu’rendered and the new note delivered and accepted instead thereof, took place on the Lord’s day. Fletcher could not avail himself of that transaction so as to sue on the new note, except upon the ground that the act of Ball was either previously authorized or afterwards ratified by him. But the contract made by the delivery and acceptance of the note on that day, in violation of the Lord’s day act, was illegal, and incapable of ratification. Fletcher, therefore, could not maintain an…
2Cases cited3 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Clapp v. HaleMassachusetts Supreme Judicial Court · 1873
- Moseley v. HatchMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Maher v. HaycockMassachusetts Supreme Judicial Court · 1938
- Stewart v. ThayerMassachusetts Supreme Judicial Court · 1897
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1908
- Horn v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1908
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