Chenette v. Teehan
Supreme Court of New Hampshire
Case, “ for that tbe defendant on the seventh day of October, 1883, at said Manchester, hired of the plaintiff a phaeton buggy, horse, and harness, to drive about said Manchester, and it was the duty of the said defendant to drive said horse and use said buggy and harness in a careful and prudent manner. Yet the defendant then and there so negligently, wilfully, carelessly, and maliciously managed and drove said team, that said buggy was overturned and broken in pieces.”
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Case, “ for that tbe defendant on the seventh day of October, 1883, at said Manchester, hired of the plaintiff a phaeton buggy, horse, and harness, to drive about said Manchester, and it was the duty of the said defendant to drive said horse and use said buggy and harness in a careful and prudent manner. Yet the defendant then and there so negligently, wilfully, carelessly, and maliciously managed and drove said team, that said buggy was overturned and broken in pieces.” Facts found by the court. On Sunday, October 7, 1883, the defendant hired of the plaintiff a horse and buggy for a pleasure…
1Opinion of the CourtBlodgett, J.
The plaintiff’s declaration sets up a contract of bailment between the parties, and then charges a breach of it by the defendant in violation of the plaintiff’s rights. No other cause of action is alleged. The plaintiff’s claim to damages is consequently founded entirely upon the contract, and the rights and liabilities of both parties must be determined by it. But having been made and fully executed on the Lord’s day, the contract was illegal, and therefore no action can be maintained to recover compensation for its breach. Indeed, as is well stated by Wells, J., in Myers v. Meinrath, 101…
2Cases cited1 opinion
- Parker v. LatnerSupreme Judicial Court of Maine · 1872