Legal Opinion

Tillock v. Webb

Supreme Judicial Court of Maine

Decided July 1, 1868PublishedCited by 3 opinions

On Exceptions to the ruling of Goddard, J., in the Superior Court. Assumpsit On a note for $48, given by the defendant to the plaintiff, dated April' 13, 1867. Plea, general issue., ■with brief statement denying any consideration, and also alleging that the consideration was an unlawful one. The case was tried by the Judge (without the intervention of a jury) whose decision was subject to exceptions in matters of law.

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On Exceptions to the ruling of Goddard, J., in the Superior Court. Assumpsit On a note for $48, given by the defendant to the plaintiff, dated April' 13, 1867. Plea, general issue., ■with brief statement denying any consideration, and also alleging that the consideration was an unlawful one. The case was tried by the Judge (without the intervention of a jury) whose decision was subject to exceptions in matters of law. The Judge found, as matter of fact, that the defendant, at Bucksport, at 4|- o’clock on one Sunday afternoon 'in July, 1865, hired a horse and carriage of the plaintiff, who was…

1Opinion of the Court

Appleton, C.

The defendant hired of the plaintiff and his partner a horse and wagon to ride on Sunday. The hiring was not for any purpose of necessity or charity. Being illegal between the parties, it is not made legal because the hirer did a kind act by conveying a young lady home, who had been "to meeting” during the day. The contract, so far as disclosed, was indefinite as to time, distance and use, and not being for any purpose of necessity or charity, was one which the law will not enforce, nor will it give compensation for its violation. Way v. Foster, 1 Allen, 408; Morton v. Gloster, 46…

2Cited by3 opinions

  1. Thacher Hotel, Inc. v. EconomosSupreme Judicial Court of Maine · 1964
  2. Jones v. Belle IsleCourt of Appeals of Georgia · 1913
  3. Mokarzel v. VoriasSupreme Judicial Court of Maine · 1980

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