Braucht v. Graves-May Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, a minor, by his guardian ad litem, to recover $635, money paid to defendant upon alleged gambling contracts for the purchase and sale of wheat on margins. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plain-tiff appealed.
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Action in the district court for Hennepin county by plaintiff, a minor, by his guardian ad litem, to recover $635, money paid to defendant upon alleged gambling contracts for the purchase and sale of wheat on margins. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plain-tiff appealed. Contracts for future delivery are valid where actual wheat is bought and sold, but a contract to pay the difference in the market price of wheat on two separate days,…
1Opinion of the Court
START, O. J.
The complaint herein alleged in effect that between December 12, 1901, and February 1,1902, the plaintiff, at the request of defendant, delivered to it in the aggregate the sum of $635, to be invested by the defendant in the purchase and sale of wheat on margins (that is, in wagers on the future price of wheat); that he was then a minor of the age of twenty years; and, further, that prior to the commencement of this action he demanded of the defendant the return of the money so delivered to it, which it refused to do. Fie brought this action, by his guardian ad litem, to recover…
2Cases cited4 opinions
- Johnson v. Northwestern Mutual Life Ins.Supreme Court of Minnesota · 1894
- Mohr v. MiesenSupreme Court of Minnesota · 1891
- Alt v. GraffSupreme Court of Minnesota · 1896
- McCarthy v. Weare Commission Co.Supreme Court of Minnesota · 1902
3Cited by7 opinions
- Berglund v. American Multigraph Sales Co.Supreme Court of Minnesota · 1916
- Whitman v. AllenSupreme Judicial Court of Maine · 1923
- Klaus v. A. C. Thompson Auto & Buggy Co.Supreme Court of Minnesota · 1915
- Steigerwalt v. the Woodhead Co. Inc.Supreme Court of Minnesota · 1932
- In Re Estate of PetersonSupreme Court of Minnesota · 1938
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