MacDonald v. Gessler
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1903, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1901, No. 478, on verdict for plaintiff in case of D. Freedley MacDonald, trading as D. F. MacDonald & Company, v. Anton Gessler. Assumpsit on a duebill. Before Ralston, J. At the trial the defendant claimed that the duebill was given as the result of gambling transactions in stock.
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Appeal, No. 133, Jan. T., 1903, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1901, No. 478, on verdict for plaintiff in case of D. Freedley MacDonald, trading as D. F. MacDonald & Company, v. Anton Gessler. Assumpsit on a duebill. Before Ralston, J. At the trial the defendant claimed that the duebill was given as the result of gambling transactions in stock. When the defendant was on the stand he was asked this question : Q. Did jmu intend to pay outright for that stock ? Objected to. Objection sustained. Exception for defendant. [1] Q. In all your dealings with Mr.…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
This suit was brought upon duebill given by appellant to appellee and the defense was that it was given in a gambling transaction. In the trial below the court rejected appellant’s offer to prove that he had not intended to pay outright for the stock and that in his dealings with the appellee he never paid full price for the stock or received any certificates therefor, and these rulings were assigned for error.
As it takes two parties to make a bargain, so it takes two intentions to make a gambling transaction. The offer was to prove that the appellant himself…
2Cases cited2 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Smyth v. GlendinningSupreme Court of Pennsylvania · 1900
3Cited by4 opinions
- Freedley v. JacobySupreme Court of Pennsylvania · 1908
- Campbell v. BeamanSuperior Court of Pennsylvania · 1917
- Berg v. FlickingerSuperior Court of Pennsylvania · 1909
- Prince & Whitely v. McCutcheon, Pennsylvania Court of Common Pleas, Philadelphia County1930