Davis v. Fleshman & Co.
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1913, by plaintiff, from order of C. P. No. 2, Philadelphia Co., March T., 1905, No. 424, refusing to take off nonsuit in case of Joseph A. Davis v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman and Company. Assumpsit to recover a stake deposited with defendants in a gambling transaction.
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Appeal, No. 357, Jan. T., 1913, by plaintiff, from order of C. P. No. 2, Philadelphia Co., March T., 1905, No. 424, refusing to take off nonsuit in case of Joseph A. Davis v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman and Company. Assumpsit to recover a stake deposited with defendants in a gambling transaction. Before Wiltbank, J. The facts appear in the opinion of the Supreme Court and in Davis v. Fleshman, 232 Pa. 409. The trial judge entered a nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In 1904 the defendants were engaged in the business of gambling upon wagers or bets that the market value of certain stocks would rise or fall as evidenced by quotations from the New York Stock Exchange. The business did not contemplate the purchase or sale of shares *226of stock, but was only a dealing in differences or fluctuations in tbe prices of stocks. Tbe Arm would receive deposits of money as a stake, or security for tbe payment of tbe difference between tbe selling price of tbe stock on one day and tbe selling price of tbe same stock on another day. Tbe…
2Cases cited1 opinion
- Davis v. FleshmanSupreme Court of Pennsylvania · 1911
3Cited by4 opinions
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- Joffe v. Miller, Pennsylvania Court of Common Pleas, Washington County1927