Olive v. Fenner & Beane

BOULDIN, Justice.

Action by Fenner & Beane against J. C. Olive for losses incurred by plaintiff Arm on account of defendant upon a.purchase of cotton for future delivery on the New Orleans Cotton Exchange.

The cause was here on former appeal. Fenner & Beane v. Olive, 226 Ala. 359, 147 So. 147.

The issues presented on that appeal related chiefly to certain pleas of illegality alleging the demand grew' out of a wagering transaction. For reasons clearly stated in the decision, the plaintiff was held due the affirmative charge.

Plea No. 7, then before the court, styled a plea in recoupment, sought to…