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08-Oct-2019 21:23

It is objected, appellant did not himself deliver the note; that parol authority to deliver it upon another day is within the statute, and therefore void.

The payee was ignorant of the fact the note had been signed on Sunday. This was a subsequent ratification, and brings the case clearly within the principles of the cases cited. Appeal from the Circuit Court of Stark county; the Hon.

The execution of a promissory note is not complete until it is delivered to the payee, or some one for him. It is not sufficient, to avoid them, that they may have grown out of a transaction on Sunday. The weight of authority seems to be, although such con- tracts be entirely closed up on Sunday, yet, if ratified bv the parties upon a subsequent day, they are valid.

503, it was held, a deed, though signed and acknowledged on Sunday, if delivered on another day, is valid, whatever may be the effect on the acknowledg- ment, for the reason it did not take effect as a deed until after delivery. The prin- ciple is, such contracts are not tainted with any general ille- gality, but are illegal only as to the time in which tiiev are entered into.

That Lawndale is a village, within the limits of which the defendant is not bound to fence its road, is sufficiently ap- ])arent from the evidence, ou the authority of l Uinois Central Jiailroad Co.

There is some controversy whether the place where the cow was killed is within the limits of a village, it being conceded that the defendant had not erected ;uid maintained suitable fences on the sides of its road, to prevent the encroachments of cattle at that point.

to engage "in common labor" or "usual avocations, works of charity or necessity, only, excepted." Hence it is insisted tlie note is void.

This was decided bv this court in the negative, in Turner v. before the passage of those acts, and the rights of the parties to this suit were fixed at the time of his death, and must be adjudged irrespective of those subsequent acts. Gsebe, Admr 447 Garnhart v- Reutchler etal 685 Geier arfs.