N. O. St. Joseph's Ass'n v. Magnier

The defendant, Magnier, and several other hatters in the city of New Orleans entered into a contract to close their respective stores on Sundays. They stipulated, in express terms, that those who would violate this obligation, would become subject for each infraction, to a fine of one hundred dollars for the benefit of the asylum of the St. Joseph’s Orphans.

A. Magnier having, on several Sundays, opened Ms store, the present suit was brought to recover the stipulated fine.

*339To the general rule that parties to a contract cannot stipulate but for themselyes, there is an exception when one makes,…