McLean v. Stuve
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. It has been held that a broker may recover for his services and advances though rendered and made in wager contracts. —16 Cent. L. J., 225 •, Roundtrees. Smith, 2Sup.
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Appeal from the St. Louis Circuit Court, Lubke, J. It has been held that a broker may recover for his services and advances though rendered and made in wager contracts. —16 Cent. L. J., 225 •, Roundtrees. Smith, 2Sup. Ct.Rep. 680. When the contract is made in good faith by the broker, and there is no proof of improper intentions on the part of the person to whom he sells or from whom he buys for his principal, he may recover irrespective of the intention of his principal. — Kent v, MiUenberger, 12 Mo. App. 503 ; Bartlett v. Smith, 13 Fed. Rep. 263; Lehman v. Strassberger, 2 Woods C. C. 554;…
1Opinion of the CourtThompson, J.
This was an action for moneys expended by the plaintiff ’s assignor, W. P. Rickart, at the request of the defendant, in buying and selling wheat and corn for future delivery. The answer sets up, among other defences, by appropriate averments, that the transactions were mere wagers upon the state of the market. There was substantial evidence to the effect that Rickart, being a broker, entered into an arrangement with the defendant whereby Rickart should buy and sell for future delivery for the defendant the commodities named, so manipulating the transactions that no delivery in fact should…
2Cases cited4 opinions
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Williams v. TiedemannMissouri Court of Appeals · 1878
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Waterman v. BucklandMissouri Court of Appeals · 1876
3Cited by6 opinions
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Weight v. Fonda & HigginsMissouri Court of Appeals · 1891
- Lane v. Logan Grain Co.Missouri Court of Appeals · 1904
- Piatt v. Heim & Overly Realty Co.Supreme Court of Missouri · 1938
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