Buckingham v. Fitch
Missouri Court of Appeals
Appeal from Johnson Circob’ Court, Hon. Noah M. GrIVAN, J. Statement of case by tbe court. This is an action instituted by plaintiffs on a promissory note made by defendant to them for the sum oí $1,383.36. The amended answer of defendant is as follows :' “Comes now defendant, and for his amended answer to the first .count in plaintiffs’ petition, says that at the dates hereinafter set forth, the said plaintiffs as co-partners, were engaged in business in the said city of…
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Appeal from Johnson Circob’ Court, Hon. Noah M. GrIVAN, J. Statement of case by tbe court. This is an action instituted by plaintiffs on a promissory note made by defendant to them for the sum oí $1,383.36. The amended answer of defendant is as follows :' “Comes now defendant, and for his amended answer to the first .count in plaintiffs’ petition, says that at the dates hereinafter set forth, the said plaintiffs as co-partners, were engaged in business in the said city of St. Louis, in said state of Missouri, in buying and selling what is known to the commercial world as “options, or futures”…
1Opinion of the Court
Opinion by
Hall, J.
The only point for our determination is whether the matter contained in the answer constituted a defence to this action. Thus two questions are presented: first, was the contract of purchase of wheat, alleged in the answer to have been made by the plaintiffs, void; and, second, if such contract was void, was the contract between plaintiffs and defendant, in pursuance of which the former paid for the latter the amount of the loss incurred by the purchase of the wheat, so tainted by the invalidity of the former contract as to be also void %
1. It may be, as contended by…
Also in this document: Concurrence.
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Barnard v. BackhausWisconsin Supreme Court · 1881
3Cited by5 opinions
- Smith v. BaileyMissouri Court of Appeals · 1919
- Woolfolk v. DuncanMissouri Court of Appeals · 1899
- Treacy v. ChinnMissouri Court of Appeals · 1899
- Harrison v. McCluneyMissouri Court of Appeals · 1888
- Johnson v. KauneMissouri Court of Appeals · 1886