Boyce v. O'Dell Commission Co.

BAKER, District Judge.

This is an action at law, brought by the plaintiff, James Boyce, against the defendant, the O'Dell Commission Company, for the recovery of divers sums of money, amounting in the aggregate to $3,449.14, alleged to have been lost and paid on a certain game, commonly called a “bucket-shop game,” in futures, options, and margins. The amended complaint, so far as material, is as follows:

“That each of said sums had and received by defendant was paid and delivered by plaintiff to defendant within six months immediately preceding the commencement of the original suit under which…