Bauer v. Fabel
Supreme Court of Pennsylvania
Appeal, No. 212, Jan. T., 1907, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1906, No. 21, on verdict for plaintiff in case of Jacob Bauer v. George W. Fabel. Assumpsit on a check.
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Appeal, No. 212, Jan. T., 1907, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1906, No. 21, on verdict for plaintiff in case of Jacob Bauer v. George W. Fabel. Assumpsit on a check. Before Staples, P. J. The court charged in part as follows : [But if you find that this transaction was not a legal transaction, but that under the facts, as you have heard them testified to, and as explained by the court, it was a gambling transaction, then the court instructs you, under all the testimony in this case, and that finding, that George W. Fabel was a simple stakeholder. If you find that…
1Opinion of the Court
Per Curiam,
This was an action on a check for $3,262.50 given by the defendant to the plaintiff in payment of the balance due on an account between them which involved the purchase and sale of shares of stock on margin. The money deposited as margin was $2,000, and the balance of the check, $1,262.50, represented profits on purchases and sales that had been made. The jury found that the transaction was a wagering one and by direction of the court rendered a verdict for the amount of the deposit only, with interest.
The defendant bought the stocks through a third party to whom he transferred the…
2Cases cited5 opinions
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- Hertzler v. GeigleySupreme Court of Pennsylvania · 1900
- Smith v. BlachleySupreme Court of Pennsylvania · 1898
- Repplier v. JacobsSupreme Court of Pennsylvania · 1892
- J. C. McNaughton Co. v. HaldemanSupreme Court of Pennsylvania · 1894