Donovan v. McCarty
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to set aside an assignment made by the plaintiff of certain savings-bank books to the defendant, on the grounds, first, that the assignment was procured by fraud; secondly, that it was illegal, as made on the Lord’s day. The bill alleged the following facts. The plaintiff, a single woman eighty years of age, on January 25, 1890, was taken to the City Hospital, Boston, on account of severe burns which she had accidentally suffered.
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Bill in equity, filed in the Superior Court, to set aside an assignment made by the plaintiff of certain savings-bank books to the defendant, on the grounds, first, that the assignment was procured by fraud; secondly, that it was illegal, as made on the Lord’s day. The bill alleged the following facts. The plaintiff, a single woman eighty years of age, on January 25, 1890, was taken to the City Hospital, Boston, on account of severe burns which she had accidentally suffered. On Sunday, February 9, following, while feeble, and still suffering from her injuries,- one Daniel McCarty, the husband…
1Opinion of the CourtAllen, J.
The court having found that there was no fraud in the transaction which the plaintiff seeks to set aside, and that the assignment was executed with knowledge of its contents, the plaintiff now contends that it was illegal, because executed on the Lord’s day, and that it may be revoked. The defendant, on the other hand, contends, (1) that it was not illegal for that reason; (2) that, if it was, the assignor participated in the illegality, and cannot be allowed to set it up as a ground for avoiding the transaction; and (3), that afterwards there was a new agreement to the same effect on a…
2Cases cited18 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
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3Cited by6 opinions
- Coe v. CoeMassachusetts Supreme Judicial Court · 1943
- Teasdale v. Newell & Snowling Construction Co.Massachusetts Supreme Judicial Court · 1906
- Chadwick v. StokesCourt of Appeals for the Third Circuit · 1947
- Prosser v. Horis A. Ward, Inc.Court of Appeals of Georgia · 1971
- Lawrence v. FarwellSupreme Court of New Hampshire · 1932
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