Wagner v. Engel-Millar Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Obeew T. Williams, Circuit Judge. This is an action to recover $618.15 alleged to have been expended by the plaintiff in the purchase of corn on the board of trade in Chicago at the request of the defendant. The defense was in substance that the transaction in question was a gambling transaction and not an actual purchase of corn.
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Appeal from a judgment of the circuit court for Milwaukee county: Obeew T. Williams, Circuit Judge. This is an action to recover $618.15 alleged to have been expended by the plaintiff in the purchase of corn on the board of trade in Chicago at the request of the defendant. The defense was in substance that the transaction in question was a gambling transaction and not an actual purchase of corn. The jury returned the following special verdict: • “(1) Did both parties to this transaction, plaintiff and defendant, intend when entering into it that it should be settled by the payment of…
1Opinion of the Court
Winslow, O. J.
The plaintiff was a grain broker on the Chicago board of trade, the defendant a domestic business corporation located at Milwaukee. October 18, 1907, the defendant corporation telegraphed to the plaintiff an order to buy 10,000 bushels of May com at 61-| cents, and on October 21st following an order to buy another 10,000 bushels of May corn at 61J cents. Both orders were immediately executed on the Chicago hoard of trade; that is, one of Mr. Wagner’s employees went into the grain pit and found a seller and “contracted for the purchase” of 10,000 bushels of com for delivery in…
2Cases cited2 opinions
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Carson v. Milwaukee Produce Co.Wisconsin Supreme Court · 1907
3Cited by3 opinions
- Kassuba Commission Co. v. BlodgettWisconsin Supreme Court · 1914
- Kassuba Commission Co. v. BlodgettWisconsin Supreme Court · 1914
- W. M. Bell Co. v. EmbersonWisconsin Supreme Court · 1924