Kent v. Miltenberger
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, LiNlley, J. Although the form of the contract to buy or sell for future delivery is on its face legitimate, the intent to bet or wager on market fluctuations by settlement of differences only, without delivery, is illegal, and against public policy. —Waterman v. BucTcland, 1 Mo. App. 45; Williams v. Tiedemann, 6 Mo.
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Appeal from the St. Louis Circuit Court, LiNlley, J. Although the form of the contract to buy or sell for future delivery is on its face legitimate, the intent to bet or wager on market fluctuations by settlement of differences only, without delivery, is illegal, and against public policy. —Waterman v. BucTcland, 1 Mo. App. 45; Williams v. Tiedemann, 6 Mo. App. 269. If the original contract of employment is tainted with illegality; if plaintiffs were knowingly employed for the purpose of furthering an illegal intent, even under the guise of legitimate transactions, they cannot recover on the…
1Opinion of the CourtThompson, J.
This is an action to recover a sum of money claimed to be due to the plaintiffs from the defendant, on account of certain sales of wheat for future delivery made by the former, as brokers for the latter, on the floor of the Merchants’ Exchange of St. Louis. The sales were of the aggregate amount of fifty-five thousand bushels, a part of it deliverable at any time during the month of August, 1880, a part of it at any time during October, at the option of the seller, and a part at any time during that year, at the option of the seller. These sales were made at different times and represent…
2Cases cited5 opinions
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Tenney v. FooteIllinois Supreme Court · 1880
- Williams v. TiedemannMissouri Court of Appeals · 1878
- Sawyer, Wallace & Co. v. TaggartCourt of Appeals of Kentucky · 1879
- Waterman v. BucklandMissouri Court of Appeals · 1876
3Cited by18 opinions
- Connor v. BlackSupreme Court of Missouri · 1893
- Cockrell v. ThompsonSupreme Court of Missouri · 1885
- Winkler v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
- Mulford v. CæsarMissouri Court of Appeals · 1893
- McLean v. StuveMissouri Court of Appeals · 1884
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