Legal Opinion

Lord v. Chadbourne

Supreme Judicial Court of Maine

Decided July 1, 1856PublishedCited by 10 opinions

On Report from Nisi Prius, Shepley, C. J., presiding. This was an action of trespass on the case. The plaintiff introduced in evidence, a warrant dated December 29, 1851, issued by Frederic Green, Esq., Judge of the Municipal Court of Saco, on complaint of Cotton Bradbury, Charles Hill, and Seth Scammon, for a search of the shop occupied by the said Rufus M. Lord, with the return thereon of M. D. Kimball, deputy sheriff.

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On Report from Nisi Prius, Shepley, C. J., presiding. This was an action of trespass on the case. The plaintiff introduced in evidence, a warrant dated December 29, 1851, issued by Frederic Green, Esq., Judge of the Municipal Court of Saco, on complaint of Cotton Bradbury, Charles Hill, and Seth Scammon, for a search of the shop occupied by the said Rufus M. Lord, with the return thereon of M. D. Kimball, deputy sheriff. Also, a copy of a judgment of the Supreme Judicial Court, at the September term, 1852, in the case, State of Maine v. Spi?ituous Liquors and Rufus M. Lord. Also, a writ of…

1Opinion of the CourtAppleton, J.

It is well settled, that the common law will afford no aid to a party whose claims can be successfully enforced only by a violation of its principles, or in direct contravention of a statutory enactment. It has, accordingly, been held, that no action could be maintained upon a bond or contract executed upon the Sabbath. Pattee v. Greeley, 13 Met. 284: Lyon v. Strong, 6 Verm. 219. So, the price of spirituous liquors, sold contrary to law, cannot be recovered. Dixie v. Abbott, 7 Cush. 610; Ladd v. Dillingham, 34 Maine, 316. Nor is an action maintainable upon a note given for goods bought to be…

2Cases cited4 opinions

  1. Lyon v. StrongSupreme Court of Vermont · 1834
  2. Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
  3. Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
  4. Evans v. MontgomerySupreme Court of Pennsylvania · 1842

3Cited by10 opinions

  1. Greenup v. CrooksIndiana Supreme Court · 1874
  2. United States v. VatuneDistrict Court, N.D. California · 1923
  3. Lipman v. ThomasSupreme Judicial Court of Maine · 1948
  4. Blunk v. WaughSupreme Court of Oklahoma · 1912
  5. Howe v. StewartSupreme Court of Vermont · 1868

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