Wight v. Geer
Wight v. Geer, 1 Root 474 (1792)
Headnotes
A note executed on Sabbath day is void.
Summary
Error to reverse a judgment of tbe County Court, in- an action upon a note for £15 payable on demand with interest, dated tbe 15th day of June, A. D. 1788.
Plea in bar — Tbat said note was made and executed and delivered on tbe 15th day of June, A. D. 1788, at noon, which was Sabbath or Lord’s day, and void.
Plaintiff replied •— Tbat tbe defendant was a justice of tbe peace, and ought not to talce advantage of bis own wrong, and tbat be ought not to be barred, without tbat, tbat said note was executed and delivered on tbe Sabbath or Lord’s day, at noon. Issue to tbe jury; who found tbat said note was executed, etc. on Sabbath or Lord’s-day at noon, and tbat tbe defendant recover bis cost.
Motion in arrest — .That tbe issue was immaterial.
Tbe court determined tbe motion to be insufficient, and gave judgment for the defendant to recover bis cost.
Error assigned — That said motion ought to have been adjudged sufficient.
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Opinion of the Court
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Judgment of the County Court affirmed. It being against the law, to execute notes on the Lord’s day.
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Cited by 13 cases
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