Peck v. Doran Wright Co.
New York Supreme Court
Appeal from circuit court, Albany county. Action by Henry 0. Peek against the Doran Wright Company, Limited, to recover, under 3 Rev. St. N. Y. (7th Ed.) p. 1962, § 9, the money lost by him upon wager contracts with the defendant upon the market price of wheat.
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Appeal from circuit court, Albany county. Action by Henry 0. Peek against the Doran Wright Company, Limited, to recover, under 3 Rev. St. N. Y. (7th Ed.) p. 1962, § 9, the money lost by him upon wager contracts with the defendant upon the market price of wheat. Section 9 provides as follows: “Any person who shall pay, deliver, or deposit any money, property, or thing in action upon the event of any wager or bet herein prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered, and of the stakeholder or other person in whose hands shall be…
1Opinion of the CourtLandon, J.
The dealings between the parties were in form genuine contracts, evidenced in writing made at the time, for the purchase and sale by the defendant, as a broker, upon margins, and for a commission, of wheat at the market prices ruling at the time. The losses sustained by the plaintiff were apparently caused because he bought wheat at a higher price than he subsequently sold it. The burden was upon the plaintiff to prove that the apparent contract was not the real contract, and that the real understanding between the parties was, when the contracts were made, that the wheat •should not be…
2Cases cited2 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Story v. . SalomonNew York Court of Appeals · 1877
3Cited by6 opinions
- Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911
- Hurd v. . TaylorNew York Court of Appeals · 1905
- Dwight v. BadgleyNew York Supreme Court · 1891
- West v. WrightNew York Supreme Court · 1895
- Dwight v. BadgleyNew York Supreme Court · 1894
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