White v. Barber
Supreme Court of the United States
The case, as stated by the court, was as follows: The first one of these cases is an action at law brought on the 10th of May, 1883, by James B. White against George M. Barber, in the' Superior Court of Cook County, Illinois. The declaration demanded the sum of $15,000, and declared on the common counts. The defendant pleaded non assumpsit. In June, 1883, the cause was removed by the defendant into the Circuit Court of the United States for the Northern District of Illinois.
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The case, as stated by the court, was as follows: The first one of these cases is an action at law brought on the 10th of May, 1883, by James B. White against George M. Barber, in the' Superior Court of Cook County, Illinois. The declaration demanded the sum of $15,000, and declared on the common counts. The defendant pleaded non assumpsit. In June, 1883, the cause was removed by the defendant into the Circuit Court of the United States for the Northern District of Illinois. At the trial, in Eebruary, 1884, there was a verdict for the defendant, followed by a judgment for him, to review…
1Opinion of the CourtJustice Blatchford
The only question involved in the suit at law is as to the correctness of the charge to the jury in the particulars specially excepted to. The proper construction of the statute of Illinois, § 130 of c. 38 of the Revised Statutes, was determined by the Supreme Court of Illinois, in Wolcott v. Heath, 78 Ill. 433, in the passage from the opinion in that case quoted by the Circuit Court in its charge to the jury. According to that construction, the contracts for the sale of No. 2 spring wheat, deliverable in July, 1882, made by Barber, were not void as gambling contracts, if they were bona fide…
2Cases cited2 opinions
- Higgins v. McCreaSupreme Court of the United States · 1886
- Wolcott v. HeathIllinois Supreme Court · 1875
3Cited by22 opinions
- Schneider v. TurnerIllinois Supreme Court · 1889
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Ellis v. BatsonSupreme Court of Alabama · 1912
- Morrissey v. BroomalNebraska Supreme Court · 1893
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