Legal Opinion

James v. Haven & Clement

Court of Appeals for the Fifth Circuit

Decided March 21, 1911No. 2,058PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Northern District of Georgia. Action at law by Haven & Clement against D. W. James. Judgment for plaintiff (172 Fed. 250), and defendant brings error.

1Opinion of the Court

PARDEE, Circuit Judge.

In substance and effect this suit is one brought to recover specific sums of money paid out by the plaintiffs, Haven & Clement, as agents and brokers for the defendant, James, in purchasing and selling cotton futures; and the defense is that all the transactions for which plaintiffs paid out money were by intention and understanding of the parties, and in fact, gambling transactions; that is to say, only wagers depending upon the fluctuations of futures and the variations of the prices thereof upon the New York Cotton Exchange, with the understanding and intent of both…

2Cited by5 opinions

  1. James v. ClementCourt of Appeals for the Fifth Circuit · 1915
  2. Murphey v. Springs & Co.Court of Appeals for the Fifth Circuit · 1912
  3. Smith v. BaileyMissouri Court of Appeals · 1919
  4. Haven v. JamesDistrict Court, N.D. Georgia · 1913
  5. Lawton v. CarpenterCourt of Appeals for the Fourth Circuit · 1912

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