Isaacs v. Silverberg
Mississippi Supreme Court
From the circuit court of Warren county. Hon. George Anderson, Judge. Isaacs, the appellant, was plaintiff in the court below; Silver-berg and others, appellees, were defendants there. From a judgment sustaining defendants’ demurrer to plaintiff’s declaration and (the plaintiff not seeking to amend) dismissing the suit, the plaintiff appealed to the supreme court. The facts as charged in the declaration appear from the opinion of the court.
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From the circuit court of Warren county. Hon. George Anderson, Judge. Isaacs, the appellant, was plaintiff in the court below; Silver-berg and others, appellees, were defendants there. From a judgment sustaining defendants’ demurrer to plaintiff’s declaration and (the plaintiff not seeking to amend) dismissing the suit, the plaintiff appealed to the supreme court. The facts as charged in the declaration appear from the opinion of the court. The declaration is based upon Code 1892, § 2116, and the contract, commonly called “futures,” set out in the declaration, is a “wager.” Glay v. Allen, 63…
1Opinion of the CourtCalhoon, J.
Mr. Isaacs, in his declaration against appellees, avers that he is a citizen of the state of Louisiana and that they are citizens of the state of Mississippi, and that he contracted with them to buy “for h'im cotton for future delivery,” and that he gave them $400 “as a margin;” that the contract was not with the intention of either party of any actual delivery of the cotton to either of the parties, but “was in fact none other than a gambling one in cotton futures, and so known to both plaintiff and defendants; and that the money so paid over has been lost under said gambling contract.”…
2Cases cited1 opinion
- Adler v. SearlesMississippi Supreme Court · 1905
3Cited by3 opinions
- Ascher v. Edward Moyse & Co.Mississippi Supreme Court · 1911
- Moritz v. LumbleyMississippi Supreme Court · 1926
- Kohlmeyer & Co. v. RotweinMississippi Supreme Court · 1966