Legal Opinion

Mohr v. Miesen

Supreme Court of Minnesota

Decided October 2, 1891PublishedCited by 17 opinions

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., presiding, refusing a new trial after a verdict of $2,005.78 for plaintiffs.

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Appeal by defendant from an order of the district court for Ramsey county, Otis, J., presiding, refusing a new trial after a verdict of $2,005.78 for plaintiffs. The jury found specially that “the arrangement between plaintiffs and defendant with reference to the transactions in controversy contemplated the purchase and sale of actual grain for future delivery, and did not contemplate the making of gam-' bling contracts only,” and also that “the contracts in evidence were made by and between the plaintiffs and other members of the chamber of commerce, for the purchase and sale of grain…

1Opinion of the CourtVanderburgh, J.

The plaintiffs sue defendan^^; jponey paid and expended for his use in the purchase and sale of. grain. The answer sets up that the purchases and sales referred to were not actual or veritable purchases and sales of grain, but were merely colorable, and “were gambling transactions, whereby the plaintiffs in form un*230dertook to buy and sell on the Chicago or Milwaukee boards of trade, ostensibly for future deliveries, but without any intention or expectation on the part of the plaintiffs or defendant that the same would be actually delivered, large quantities of wheat and barley, with the…

2Cases cited13 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Irwin v. WilliarSupreme Court of the United States · 1884
  3. Crawford v. SpencerSupreme Court of Missouri · 1887
  4. Barnard v. BackhausWisconsin Supreme Court · 1881
  5. Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Western Union Telegraph Co. v. State ex rel. Hammond Elevator Co.Indiana Supreme Court · 1905
  2. David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894
  3. McCarthy v. Weare Commission Co.Supreme Court of Minnesota · 1902
  4. Fraser v. Farmers Co-Operative Co.Supreme Court of Minnesota · 1926
  5. Askegaard v. DalenSupreme Court of Minnesota · 1904

12 more not listed; retrieve them via the Exa API.

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