Smith v. Bailey

— This suit is one to recover the balance of commissions and money paid out by plaintiffs, who were co-partners, as agents and brokers for the defendant in purchasing and selling grain on the Kansas City Board of Trade, defendant having paid plaintiffs one hundred dollars on the account. There was a verdict and judgment for the defendant and plaintiffs have appealed. The defendant set up in his answer that the contracts out of which plaintiffs ’ demands grew were wagering or gambling transactions made unlawful 'by section 4780, Revised Statutes 1909.

Plaintiffs were brokers buying and selling…