Burns v. . Tomlinson

ClaRK, O. J.

Tlie plaintiff seeks to recover $1,920 paid by bim to Robert Moore & Oo., of New York, “on 100 bales of cotton, October delivery, bought and sold for account of plaintiff.” Tbe following is Moore & Co.’s statement, rendered 25 September, 1905:

“April 27, sold 100 Bspc.$ 7.29

Aug. 28, bo’t 100 Bspc. 11.10

-$1,905

Charges brokerage, buying and selling. 15

Net debit .! . $1,920”

Tbe defendant, in his verified answer, pleaded that tbe above transaction was void, being a contract for “futures.” Upon such plea made, Revisal, sec. 1691, provides that tbe burden is upon tbe plaintiff to prove…