Question 417.— "A contract made on Sunday is void." Supposing a note dated on Sunday falling due is not paid, can the maker release himself of the obligation—or if the owner could prove by witness that it was done in error, would it bind him to pay it ?

Answer.—It is not quite true to say literally that " a contract made on Sunday is void." Certain contracts so made are void (see, e.g., the "Lord's Day Act" as to the law in Ontario). The Bills of Exchange Act expressly declares that a note is not invalid because dated on Sunday, and a holder in due course need not trouble himself on this point at all. The maker might possibly defend an action brought by the party to whom he gave a note dated on Sunday on the ground that the sale for which the note was given was void because made on Sunday, if that were the fact, and that, therefore, as between himself and the payee, the note was not good for want of consideration. But such a defence would not be good against a third party holding for value.