Fenner Beane v. Phillips

On Rehearing.

The holding in Faulk & Co. v. Fenner & Beane (Ala. Sup.) 127 So. 673, 677, 3 on rehearing, was that proof that the article or commodity agreed to be sold was hot actually delivered at the time of making the agreement to sell and deliver, and that one of the parties to such agreement deposited or secured, or agreed to deposit or secure, what are commonly called margins, constituted prima facie evidence that the contract was a gambling transaction and void; “but, in order to give force and effect to the legislative recognition of the federal act as to the sales of cotton, the prima…