David Dows, Jr. & Co. v. Glaspel
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Rose, J. Action by David Dows, Jr., and George B. Cooksey, copartners as David Dows, Jr., & Co., against Samuel L. Glaspel, to recover commissions and advances made by plaintiffs on account of the sale and purchase of wheat by them as defendant’s agents, in which defendant set up a counterclaim.
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Appeal from District Court, Stutsman County; Rose, J. Action by David Dows, Jr., and George B. Cooksey, copartners as David Dows, Jr., & Co., against Samuel L. Glaspel, to recover commissions and advances made by plaintiffs on account of the sale and purchase of wheat by them as defendant’s agents, in which defendant set up a counterclaim. From a judgment for defendant in the main case, and against defendant on his counterclaim, and also disallowing costs to defendant, both parties appeal. Speculation is a litigimate branch of the commerce of today and speculations in options and futures is…
1Opinion of the CourtCorliss, J.
The plaintiffs are seeking to recover judgment against defendant for their commissions and for advances made by them on account of the sale and purchase of wheat by them as agents for defendant. Thus far they have been unsuccessful. The case was tried before the court, and judgment was rendered in favor of the defendant. The findings of the court amply sustain the judgment. But it is here urged that the evidence does not justify certain of the findings. The defense relied on was that the transactions in which the plaintiffs claim to have paid out moneys for the defendant were mere wagers on…
2Cases cited19 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Embrey v. JemisonSupreme Court of the United States · 1889
- Higgins v. McCreaSupreme Court of the United States · 1886
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Sondheim v. GilbertIndiana Supreme Court · 1888
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3Cited by19 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Checketts v. CollingsUtah Supreme Court · 1931
- John Miller Co. v. KlovstadNorth Dakota Supreme Court · 1905
- Oakes National Bank v. Farmers State BankNorth Dakota Supreme Court · 1924
- Waite v. FrankSouth Dakota Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.