Stewart v. Wright
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southwestern Division of the Western District of Missouri. This was an action by Wright against Joseph C. Stewart, James P. Stewart, and the Exchange Bank of Webb City, a Missouri corporation, to recover the sum of $5,100, alleged to have been obtained from him by false and fraudulent pretenses.
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In Error to the Circuit Court of the United States for the Southwestern Division of the Western District of Missouri. This was an action by Wright against Joseph C. Stewart, James P. Stewart, and the Exchange Bank of Webb City, a Missouri corporation, to recover the sum of $5,100, alleged to have been obtained from him by false and fraudulent pretenses. A jury was waived, and the cause was tried by the Circuit Court, which made a ‘general finding, and rendered judgment in favor of the plaintiff. Wright v. Stewart (C. C.) 130 Fed. 905.
1DissentSanborn, Circuit Judge
The plaintiff agreed with Boatright that for 20 per cent, of their winnings he would wager Boatright’s money on a falce foot race, which Boatright agreed to make certain to result in their favor, so that they could thereby defraud the miners who bet against them out of their money. The plaintiff wagered large sums of money which he knew Boatright fraudulently furnished to him from the stakes and some of his own money in the 'performance of this corrupt agreement. Boatright broke his contract, and fixed the race against him. The plaintiff made and performed his part of his illegal contract to…
2Cases cited52 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- McMullen v. HoffmanSupreme Court of the United States · 1899
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