Atwater v. A. G. Edwards Brokerage Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Chas. Glaflin Allen, Judge. (1) The appellant was entitled to recover upon its second counterclaim regardless of the fact, if such he a fact, that the consideration for the note which forms the basis of this counterclaim, was an indebtedness resulting from the purchase and sale of shares of stock by the co-partnership for the respondent, which he did not intend to deliver or receive because such purchases and sales were made…
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Chas. Glaflin Allen, Judge. (1) The appellant was entitled to recover upon its second counterclaim regardless of the fact, if such he a fact, that the consideration for the note which forms the basis of this counterclaim, was an indebtedness resulting from the purchase and sale of shares of stock by the co-partnership for the respondent, which he did not intend to deliver or receive because such purchases and sales were made in the city of New York and State of New York, and appellant was entitled to show such fact and therefore not within the…
1Opinion of the CourtNortoni, J.
This is a suit on an account for a balance alleged to be due plaintiff as a result of certain transactions conducted by the defendant as his agent in the matter of purchase and sales of stocks and bonds on the market. The defendant admitted the correctness of plaintiff’s account, urged that it arose, from gambling and interposed two separate counterclaims on which it prayed for a judgment against him. During the trial plaintiff testified that he did not intend to either receive or deliver the stocks or bonds purchased and sold on his account by the defendant, and at the conclusion of the…
2Cases cited12 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Bartlett v. CollinsWisconsin Supreme Court · 1901
- Connor v. BlackSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
- American Inv. Corp. v. State Tax CommissionUtah Supreme Court · 1941
- Smith v. BaileyMissouri Court of Appeals · 1919
- List v. Republic Bond & Mortgage Co.California Court of Appeal · 1928
- Taylor v. SebastianMissouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.