Morton v. Gloster
Supreme Judicial Court of Maine
On Facts agreed upon. Trover for the value of a horse. The plaintiff kept a livery s^a^e a^ Erankfort Marsh, and owned a certain horse, which, on Sunday, May 2, 1858, he let to the defendant to go to Frankfort Village, distant three miles. The defendant drove the horse to Hampden, six miles further, and, by over driving and ill-usage, so injured him, that on the return from Hampden he fell exhausted in the road and died. The hiring was not for a work of necessity or charity.
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
Upon the agreed statement, the plaintiff would unquestionably be entitled to judgment, if the facts had transpired on any other day than Sunday. Wheelock v. Wheelwright, 5 Mass., 104 : Homer v. Thwing, 3 Pick. 492.
The question is, whether the fact that the contract of hiring, by which defendant came into possession of the horse, for a limited time and to perform a limited journey, was made on *521Sunday, will defeat this action of trover, for a conversion by driving beyond the place named in the contract.
The contract was in violation of the statute,…
2Cases cited1 opinion
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
- Gammons v. JohnsonSupreme Court of Minnesota · 1897
- Dolan v. BurkeSuperior Court of Pennsylvania · 1926
- Lindgren v. LindgrenSupreme Court of Minnesota · 1898
- Meloon v. DavisCourt of Appeals for the First Circuit · 1923