Chas. Counselman & Co. v. Reichart
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. A. B. Thornell, Judge. The plaintiff firm is engaged in the commission business in Chicago, 111. The defendant, in 1894, was engaged in the grain business at- Neola, Iowa, and shipped grain to the plaintiff in Chicago. This action is brought to recover a balance of five hundred and five dollars and forty-three cents on account.
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Appeal from Cass District Court. — Hon. A. B. Thornell, Judge. The plaintiff firm is engaged in the commission business in Chicago, 111. The defendant, in 1894, was engaged in the grain business at- Neola, Iowa, and shipped grain to the plaintiff in Chicago. This action is brought to recover a balance of five hundred and five dollars and forty-three cents on account. June 14,1894, the defendant, by telegram, directed plaintiff to buy for him five thousand bushels of September oats. On the thirty-first of August, 1894, defendant directed plaintiff to sell the oats, and to buy for him five…
1Opinion of the CourtGranger, J.
1
*4332 *432The court instructed the jury that, inasmuch as it appeared from the evidence that plaintiff, as agent for defendant, made the purchase of the May oats, and because of defendant’s failure to put up the margins the oats were sold at a loss by plaintiff, and as it is not claimed that plaintiff, in so doing, exceeded its authority, and as plaintiff paid the loss, it is entitled to recover the amount of the lo.ss, with interest, “unless it further appears from the evidence that the purchase of said oats by plaintiff was, in contemplation of law, a gambling contract.” There are some questions…
2Cases cited2 opinions
- Crandell v. WhiteMassachusetts Supreme Judicial Court · 1895
- First Nat. Bank v. Oskaloosa Packing Co.Supreme Court of Iowa · 1885
3Cited by8 opinions
- Warfield v. ClarkSupreme Court of Iowa · 1902
- Munns v. Donovan Commission Co.Supreme Court of Iowa · 1902
- People's Savings Bank of Des Moines v. GiffordSupreme Court of Iowa · 1899
- Donovan v. DaiberMichigan Supreme Court · 1900
- Lamson Bros. & Co. v. BaneCourt of Appeals for the Eighth Circuit · 1913
3 more not listed; retrieve them via the Exa API.