Harvey v. Merrill
Massachusetts Supreme Judicial Court
Contract to recover for losses incurred by the plaintiffs, in the purchase and sale of pork on the Chicago Board of Trade for the defendants, and for their commissions as brokers. The case was referred to an auditor, who made a report, which, so far as material, is as follows. The plaintiffs were commission merchants and brokers, dealing in provisions and grain as members of the board of trade in the city of Chicago.
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Contract to recover for losses incurred by the plaintiffs, in the purchase and sale of pork on the Chicago Board of Trade for the defendants, and for their commissions as brokers. The case was referred to an auditor, who made a report, which, so far as material, is as follows. The plaintiffs were commission merchants and brokers, dealing in provisions and grain as members of the board of trade in the city of Chicago. The defendants were brokers in the city of Boston, who forwarded orders for the purchase and sale of pork, upon contracts for future delivery, to the plaintiffs, who entered into…
1Opinion of the CourtField, J.
The rights of the parties are to be determined by the law of Illinois, but there is no evidence that the common law of Illinois differs from that of Massachusetts. We cannot take notice of the statutes of Illinois, except so far as they are set out in the auditor’s report; and the auditor has set out but one- statutory provision of that State, and has found that the *6parties have not acted in violation of that. We are therefore to determine whether the contract between the parties, as the auditor has found it to be, is illegal and void by the common law of Massachusetts.
It is not denied that,…
2Cases cited14 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Embrey v. JemisonSupreme Court of the United States · 1889
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Cothran v. EllisIllinois Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Chase v. City of BostonMassachusetts Supreme Judicial Court · 1902
- Dickson v. Uhlmann Grain Co.Supreme Court of the United States · 1933
- Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890
27 more not listed; retrieve them via the Exa API.