Woodman v. Hubbard
Superior Court of New Hampshire
Case. The action was tried upon the general issue. The first count in the declaration alleged that the plaintiff, on the 1st day of September, 1850, delivered to the defendant his, the plaintiff’s, horse, to ride from the Great Falls Village in Somersworth, in this county, to South Berwick Village, in the State of Maine, and back again, and that the defendant so unreasonably and immoderately overloaded, drove and rode said horse that by reason thereof he died.
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Case. The action was tried upon the general issue. The first count in the declaration alleged that the plaintiff, on the 1st day of September, 1850, delivered to the defendant his, the plaintiff’s, horse, to ride from the Great Falls Village in Somersworth, in this county, to South Berwick Village, in the State of Maine, and back again, and that the defendant so unreasonably and immoderately overloaded, drove and rode said horse that by reason thereof he died. The second count was in trover for an alleged conversion of the horse, on the 1st day of September, 1850. Upon the trial, it appeared…
1Opinion of the CourtPerley, J.
It is a general and well established rule that no action can be maintained on a contract made in viola-*69lion of law. When a contract is made on Sunday, and the making of it on that day is forbidden by statute, the contract is void, though the thing contracted to be done may be lawful; as in the case of a promissory note to pay money which the maker owes to the payee. And a contract made on another day to do an act in violation of the law for the observance of the Lord’s day, would be void.
The provision of the Revised Statutes on this subject, ch. 118, § 1, is as follows : “ No person shall do…
2Cases cited6 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Fitts v. HallSuperior Court of New Hampshire · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- O'Connell v. Chicago Park DistrictIllinois Supreme Court · 1941