King v. Fleming

Citations

• 72 Ill. 21

Syllabus

<p>1. Contracts—executed on Sunday. The execution of a promissory note is not complete until it is delivered to the payee, or some one for him, and it will not be void, though signed on Sunday, if delivered on another day.</p> <p>2. It is not sufficient, to avoid a contract, that it may have grown but of a transaction on Sunday.. It must have been finally closed on that day to avoid it.</p> <p>3. Same—executed on Sunday, valid if ratified afterwards. Although a contract may be entirely closed on Sunday, yet, if ratified by the parties upon a subsequent day when it is lawful to make contracts, it is valid.</p> <p>4. Where a promissory note made by two, one of whom signed it on Sunday, was, on a subsequent day, delivered by one of the makers to the payee, who was ignorant of the fact that it had been signed on Sunday, it was held, that such delivery was a subsequent ratification of the note, and made it valid. °</p> <p>5. A promissory note was signed by one of two makers, on Sunday, in a State where the statute made a note executed on Sunday void. It appeared that the note was written on another day and signed by one maker on Sunday, and on Monday the other maker delivered it to the payee, who had no knowledge of its having been signed on Sunday: Held, that, in such case, the note was within the. control of the makers until delivered, the possession of one being the possession of both, and that the delivery of the note on Monday was a ratification of it, and rendered it valid.</p>