Lovejoy v. Whipple
Supreme Court of Vermont
Assumpsit upon a promissory note for three hundred dollars, dated June 10, 1843, signed by the defendant, and made payable to the plaintiff, or bearer, in sixty days after date. The declaration contained also a count for money had and received. Plea, the general issue, and trial by jury, — Hebard, J., presiding.
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Assumpsit upon a promissory note for three hundred dollars, dated June 10, 1843, signed by the defendant, and made payable to the plaintiff, or bearer, in sixty days after date. The declaration contained also a count for money had and received. Plea, the general issue, and trial by jury, — Hebard, J., presiding. On trial it appeared that the note was written and signed on Sunday, in pursuance of an agreement previously made between the parties, and that its amount was indorsed, as payment, upon a promissory note for five hundred dollars, which the plaintiff held against one Hiram Whipple,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Two questions arise in the present case;— 1, Whether, when the terms of the contract are settled on a former day, but the parties, by previous appointment, meet and execute a promissory note upon Sunday, the contract is valid? 2, Whether, if not, the circumstance, that the note was not delivered until some other day, is important ?
1. In regard to the first question, I think it may now be safely laid down as settled law, without a review of the cases, — which has been often had, — that contracts made in violation of law are void; that it is…
2Cases cited4 opinions
- Lyon v. StrongSupreme Court of Vermont · 1834
- Fox v. AbelSupreme Court of Connecticut · 1818
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
- Wight v. GeerSupreme Court of Connecticut · 1792
3Cited by23 opinions
- State v. YoungSupreme Court of Minnesota · 1877
- Adams v. GaySupreme Court of Vermont · 1847
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
- State v. California Mining Co.Nevada Supreme Court · 1878
- Carpenter v. McClureSupreme Court of Vermont · 1866
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