Embrey v. Jemison
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. ’ This was an action of debt to recover from the plaintiff in error, who was the defendant below, the amount of four negotiable notes executed by him,'January 21, 1878, and payable at the office of E. S. Jemison & Co., in the city of New York, to the order of Moody & Jemison, bj7 whom they were indorsed, before maturity, to the plaintiff, Jemison.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. ’ This was an action of debt to recover from the plaintiff in error, who was the defendant below, the amount of four negotiable notes executed by him,'January 21, 1878, and payable at the office of E. S. Jemison & Co., in the city of New York, to the order of Moody & Jemison, bj7 whom they were indorsed, before maturity, to the plaintiff, Jemison. Each note was for the sum of $7594.15, two of them payable six months, and the remaining, two twelve months, after date. There was a trial before a jury, resulting…
1Opinion of the CourtJustice Harlan
Whether the validity of the original contract for- the purchase of future-delivery cotton must depend upon thé New York statute or upon the Yirginia statute, it is not important to determine; for, if such contract, as alleged, is a wagering contract, it is void under the law of either State. The plea makes a case of money advanced by the plaintiff’s firm solely for the purpose of carrying “cotton futures,” for which he or they contracted, when, according to the averments of the rejected plea, neither party contemplated the purchase or delivery in fact of cotton, and when it was understood…
2Cases cited8 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Coppell v. HallSupreme Court of the United States · 1869
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- The KimballSupreme Court of the United States · 1866
- Bigelow v. . BenedictNew York Court of Appeals · 1877
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3Cited by102 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- Board of Trade of Chicago v. Christie Grain & Stock Co.Supreme Court of the United States · 1905
- Reed v. JohnsonWashington Supreme Court · 1901
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