Overbeck v. Roberts
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by Overbeck, Starr & Cooke Co., a corporation, to recover from J. C. Roberts a balance on the sale and purchase of cotton.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by Overbeck, Starr & Cooke Co., a corporation, to recover from J. C. Roberts a balance on the sale and purchase of cotton. The complaint alleges that the plaintiff is a corporation engaged in the business of a commission merchant and stock broker in the City of Portland; that on January 15, 1904, at defendant’s instance and request and by his order, it sold on the New York Cotton Exchange, through its eastern correspondent, 100 bales of July cotton (the term “July cotton” meaning merchantable cotton…
1Opinion of the CourtChief Justice Bean
1. The contention that the complaint does not state facts sufficient to constitute a cause of action, because the number of pounds of cotton in a bale, or the aggregate number of pounds bought or sold by the plaintiff on defendant’s account, or the price per bale, is not stated, comes too late after verdict. The pleadings are framed, and the trial evidently proceeded, on the assumption that a bale of cotton on the exchange and in the market contains 500 pounds. The complaint avers that 100 bales at so much per pound amounted to a certain sum and the answer contains substantially a similar…
2Cases cited5 opinions
- Board of Trade of Chicago v. Christie Grain & Stock Co.Supreme Court of the United States · 1905
- Clews v. JamiesonSupreme Court of the United States · 1901
- Henning v. BoyleU.S. Circuit Court for the District of Southern New York · 1901
- Weissman v. RussellOregon Supreme Court · 1881
- Bangs v. HornickU.S. Circuit Court for the District of Minnesota · 1887
3Cited by1 opinion
- W. M. Bell Co. v. EmbersonWisconsin Supreme Court · 1924