Varney v. French
Superior Court of New Hampshire
Assumpsit, on a promissory note, made by the defendant and dated on the 28th day of August, 1847, for the sum of $80, payable to the plaintiff, on demand. The writ waa dated on the 9th day of December, 1847. Plea, the general issue, with a brief statement, alleging, among other things, that the note was given, and the contract forming its consideration made, on Sunday.
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Assumpsit, on a promissory note, made by the defendant and dated on the 28th day of August, 1847, for the sum of $80, payable to the plaintiff, on demand. The writ waa dated on the 9th day of December, 1847. Plea, the general issue, with a brief statement, alleging, among other things, that the note was given, and the contract forming its consideration made, on Sunday. At the trial, it appeared that the note was given for the purchase money of a mare, that the contract of sale was made on Sunday, and that the note was written, signed and delivered on that day, and was antedated, that it might…
1Opinion of the CourtGilchrist, C. J.
The act of December 24th, 1799, prohibits any person from doing or exercising any labor or business or work of his secular calling, upon the Lord’s day, under the penalty of- from one to six dollars. N. H. Laws 167, (ed. of 1830.)
Under this statute, it was held in the case of Frost v. Hall, 4 N. H. Rep. 153, that the seizure of swine, found at large in violation of law, by a hogreeve, was a work or business belonging to a secular calling within the meaning of the statute, and as such prohibited. In the subsequent case •of Shaw v. Dodge, 5 N. H. Rep. 462, it was held that the service of civil…
2Cases cited5 opinions
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Frost v. HullSuperior Court of New Hampshire · 1827
- Chauncy v. YeatonSuperior Court of New Hampshire · 1818
- Shaw v. DodgeSuperior Court of New Hampshire · 1831
- Clough v. DavisSuperior Court of New Hampshire · 1838