Wheeler v. Metropolitan Stock Exchange
Supreme Court of New Hampshire
Assumpsit, to recover money paid as margins upon stock gambling contracts. Plea, the general issue and a release. Replication, that the release was obtained by fraud. Trial before Wallace, C. J., at the November term, 1901, of the superior court. This case and ten others against the same defendants were tried together; and in five of them there were no releases. For some time prior to December 18, 1899, one Letourneau was in business as a stockbroker in Berlin.
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Assumpsit, to recover money paid as margins upon stock gambling contracts. Plea, the general issue and a release. Replication, that the release was obtained by fraud. Trial before Wallace, C. J., at the November term, 1901, of the superior court. This case and ten others against the same defendants were tried together; and in five of them there were no releases. For some time prior to December 18, 1899, one Letourneau was in business as a stockbroker in Berlin. The defendants, who were stockbrokers in Boston, furnished a private wire from their office to that of Letourneau, who did most of…
1Opinion of the CourtParsons, C. J.
The superior court ruled that the defendants were estopped to deny Letourneau’s agency for them in the transactions upon which the action arises. There is no contention that this ruling was erroneous in law or unauthorized by the facts. ‘ The case, therefore, upon the main question, may be considered as though the plaintiff’s dealings were directly with the defendants.
It does not appear that any question arising upon such contracts for the purchase or sale of stocks as are described in the case has heretofore reached this court for decision. In other jurisdictions the questions now raised…
2Cases cited5 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Sprague v. WarrenNebraska Supreme Court · 1889
- Dillaway v. AldenSupreme Judicial Court of Maine · 1895
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