Gordon v. Levine
Massachusetts Supreme Judicial Court
Contract in three counts, the first count being for $100 loaned to the defendant by the plaintiff with intereát from January 1, 1906, and the second and third counts being upon a check drawn upon the Provident Securities and Banking Company. Writ in the Municipal Court for the City of Boston dated January 29,1906. On appeal to the Superior Court, the case was tried before /Sanderson, J., without a jury.
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Contract in three counts, the first count being for $100 loaned to the defendant by the plaintiff with intereát from January 1, 1906, and the second and third counts being upon a check drawn upon the Provident Securities and Banking Company. Writ in the Municipal Court for the City of Boston dated January 29,1906. On appeal to the Superior Court, the case was tried before /Sanderson, J., without a jury. From his findings, it appears that the following were the facts: In consideration of a valid debt of $100 contracted on a secular day, the defendant delivered to the plaintiff on Sunday,…
1Opinion of the CourtLoring, J.
The only question before us in the case at bar is that raised by an exception to the refusal to give the following ruling asked for by the plaintiff: “If the check was delivered on Sunday it was invalid and had no legal effect, and the plaintiff is entitled to recover on his count for money ” lent.
It is true that, “ if the check was delivered on Sunday, it was invalid and had no legal effect,” and that the plaintiff could not have recovered if he had brought suit on it against the defendant on non-payment by the bank after a presentment within the proper time. Stevens v. Wood, 127 Mass. 128.
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2Cases cited7 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Whitney v. EssonMassachusetts Supreme Judicial Court · 1868
- Clapp v. HaleMassachusetts Supreme Judicial Court · 1873
- Stevens v. WoodMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Fisher v. MacDonaldMassachusetts Supreme Judicial Court · 1955
- Eskridge v. ThomasWest Virginia Supreme Court · 1916
- Braga v. BragaMassachusetts Supreme Judicial Court · 1943
6 more not listed; retrieve them via the Exa API.