Barnard v. Backhaus
Wisconsin Supreme Court
APPEAL from the County- Court of Milioaithee County. The complaint alleged that the defendant BacJehaus made and delivered his promissory note for the sum of $1,000 to the defendants Bartlett and Mohr, then being partners under the firm name of Zinkeisen, Bartlett & Co.; that said firm after-wards indorsed the note to one E. Seckel, for a valuable consideration; that said E. Seckel, for a valuable consideration, indorsed said note to the plaintiff, before the same became…
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APPEAL from the County- Court of Milioaithee County. The complaint alleged that the defendant BacJehaus made and delivered his promissory note for the sum of $1,000 to the defendants Bartlett and Mohr, then being partners under the firm name of Zinkeisen, Bartlett & Co.; that said firm after-wards indorsed the note to one E. Seckel, for a valuable consideration; that said E. Seckel, for a valuable consideration, indorsed said note to the plaintiff, before the same became due, and plaintiff is now the owner and holder thereof; and that no part thereof has ever been paid, and there is now due…
1Opinion of the Court
The cause was determined June 23, 1880, and the following memorandum of the grounds of the decision was filed at that, time:
Pee Curiam.
Contracts in writing for the sale and delivery of grain at a future day, for a price certain, made with a bona fide intention to deliver the grain and pay the price, are valid in law; but when such contracts are made as a cover for gambling, without intention to deliver and receive the grain, but merely to pay and receive the difference between the price agreed upon and the market price at such future day, they come within the statute of gaming, and are void…
2Cases cited2 opinions
- Gregory v. WendellMichigan Supreme Court · 1878
- In re GreenDistrict Court, W.D. Wisconsin · 1877
3Cited by37 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Seeligson v. Lewis & WilliamsTexas Supreme Court · 1885
- Pope v. HankeIllinois Supreme Court · 1894
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Bartlett v. CollinsWisconsin Supreme Court · 1901
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