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13 Ind. 565

Bosley v. McAllister

Indiana Supreme Court

Decided November 15, 1859

Indiana Supreme Court · decided 1859-11-15

<p>APPEAL from the Crawford Court of Common Pleas.</p>

Cited by 1 later decisions — most recently October 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-11-15

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Per Curiam.

¶1Suit by Bosley against McAllister on a note

¶2Answer, that the note was executed on the Sabbath, and the consideration of the note, being the difference in exchange of property, wholly arose on the day of its execution; wherefore, the note is void.

¶3Demurrer to the answer overruled, and judgment for the defendant.

¶4The ruling on the demurrer is the only error complained of. It has several times been decided by this Court that a promissory note made on the Sabbath is void. No subsequent ratification was shown here, as was the case in Banks v. Wertz, at the present term of this Court (1).

¶5The judgment below was right, and must be affirmed.

¶6The judgment is affirmed with costs.

¶7Ante, 203.

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