The Western Jurist Volume 15

The Western Jurist Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...lie for the conversion of a chattel, sold and delivered by the plaintiff to the defendant in exchange for another chattel, on the Lord's day, and retained by the defendant afterward, notwithstanding the return by the plaintiff of the chattel for which it was exchanged, and his demand for a corresponding return by the defendant." The later English cases, the New Hampshire and Massachusetts cases, are also followed in Maine. Pope v. Linn, 50 Mo., 83. In the case of Tucker 12. Mowry, 12 Mieh., 378, it was held that the contract of sale and delivery made on Sunday was so utterly void that no title passed, and that therefore the vendor might, on a subsequent day, tender back the price and recover the property. No case is cited in support of this doctrine, except an early case in the same State which is followed. But this is going much further than Williams '0. Paul, and much further than the Vermont cases, for they allow subsequent ratification, on the ground that the property passes and that the transaction is not malum in ae but malum prohibitum. Dodson v. Harris, 10 Ala., 566, goes on the same theory as Tucker v. Mowry, and the same remarks are applicable to it. The true rule seems to be stated by Maule, J., in Fivoz v. Nichols, 2 M. G. &. S., 500, where he-said: " The plaintiff cannot recover, where, in order to sustain his supposed claim, he must set up an illegal agreement to which he himself has been a party." So Parker, Ch. J., in Smith v. Bean 15 N. H., 577, said: "It is generally said of such illegal contract that it is void. If this were so, and the contract, in the broad sense of the term, were void, no property would pass by it; the vendor might reclaim the property at will, and, being more

Product details

  • Paperback | 350 pages
  • 189 x 246 x 19mm | 626g
  • United States
  • English
  • black & white illustrations
  • 1236955528
  • 9781236955524