Petty v. Allen
This text of 134 Mass. 265 (Petty v. Allen) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
W. Allen, J.
The defendant did more than to restore the goods he had wrongfully taken. He carried them to a place designated by the plaintiff, and stored them there for him. This was a sufficient consideration for a release or waiver by the plaintiff of the damages for the taking, and the instructions given to the jury were correct.
It is objected that the agreement on which the defendant relies was made on the Lord’s day, and that, for that reason, the defendant cannot avail himself of it. It is a sufficient answer that that objection was not taken in the court below, and no ruling was asked or made in regard to it.
Exceptions overruled.
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Cite This Page — Counsel Stack
134 Mass. 265, 1883 Mass. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-allen-mass-1883.