Miller & Co. v. Shropshire
Supreme Court of Georgia
Attachment. Before Judge Beid. City court of Atlanta. February 3, 1905. W. F. Shropshire brought suit by attachment against Miller & Company, a non-resident partnership, alleging, that the defendant operated in the city of Atlanta what is commonly known as a “bucket shop ;” that the business of the defendant was to buy and sell cotton “futures” upon margins, it not being contemplated by either the buyer or the seller that there should be any actual delivery of the cotton,…
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Attachment. Before Judge Beid. City court of Atlanta. February 3, 1905. W. F. Shropshire brought suit by attachment against Miller & Company, a non-resident partnership, alleging, that the defendant operated in the city of Atlanta what is commonly known as a “bucket shop ;” that the business of the defendant was to buy and sell cotton “futures” upon margins, it not being contemplated by either the buyer or the seller that there should be any actual delivery of the cotton, but it being understood that they should settle according to the market prices on specified dates and that the margins…
1Opinion of the CourtEvaNs, J.
(After stating the facts.) In the view we take of this case, it is unnecessary to express any opinion upon the question whether, as a purely abstract proposition, a speculation in cotton “futures” is to be regarded as a “gaming” contract; nor are we called on to say whether such a transaction is, or is not, within the purview of our Civil Code, §3671. The real and controlling ques*831tion presented for decision is whether or not the penalty provided for by that section can be enforced against one who conducts what is commonly known as a “bucket shop.” For a number of years past, the General…
2Cases cited6 opinions
- Morton v. Mayor of MaconSupreme Court of Georgia · 1900
- Houghton v. StateTexas Supreme Court · 1874
- Racine Iron Co. v. McCommonsSupreme Court of Georgia · 1900
- Jones v. StewartSupreme Court of Georgia · 1903
- Overby v. StateSupreme Court of Florida · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
- Great Atlantic & Pacific Tea Co. v. City of ColumbusSupreme Court of Georgia · 1939
- West Indies v. First Nat. Bank of NevadaNevada Supreme Court · 1950
- Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
- Anderson v. StateCourt of Appeals of Georgia · 1907
12 more not listed; retrieve them via the Exa API.