Farnum v. Whitman
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due on purchases of wheat made by the plaintiffs on orders from the defendant on January 4 and January 7, 1884. Writ dated September 23, 1884. At the trial in the Superior Court in October, 1903, before Hitchcock, J., the jury returned a verdict for the plaintiffs in the sum of $456.99 with $522.93 of interest, making $979.92. The defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtMorton, J.
This is an action of contract to recover the loss alleged to have been sustained by the plaintiffs in purchasing for the defendant pursuant to his orders given in January, 1884, two lots of May wheat of five thousand bushels each. The defence is that the contracts were wagering contracts. The plaintiffs had a verdict and the case is here on exceptions by the defendant to the admission and exclusion of evidence.
1. The defendant offered to show that at the time of entering into the transactions he had no intention of receiving the wheat. He did not offer to show that this was known to the…
2Cases cited5 opinions
- White v. . CorliesNew York Court of Appeals · 1871
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Marks v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1902
- Wakefield v. FarnumMassachusetts Supreme Judicial Court · 1898
- Allen v. FullerMassachusetts Supreme Judicial Court · 1902
3Cited by11 opinions
- Kuzmeskus v. Pickup Motor Co. Inc.Massachusetts Supreme Judicial Court · 1953
- Horowitz v. S. Slater & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
- Zurich General Accident & Liability Assurance Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1933
- Jones v. SwiftMassachusetts Supreme Judicial Court · 1938
- Lonnqvist v. LammiMassachusetts Supreme Judicial Court · 1922
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