Wolff v. Campbell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The trial court committed error in sustaining motion of plaintiff to strike out parts of answer. Where a trade (such as brokers) has been long established, its customs become known to the -law, and are judicially taken notice of as a matter of law. Blackburn on Contracts of Sale [2 Eng.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The trial court committed error in sustaining motion of plaintiff to strike out parts of answer. Where a trade (such as brokers) has been long established, its customs become known to the -law, and are judicially taken notice of as a matter of law. Blackburn on Contracts of Sale [2 Eng. Ed.] p. 59. “Parties who contract on a subject-matter, concerning which known usages prevail, by implication incorporate them into their agreements, if nothing is said to the contrary.” Robinson v. United States, 13 Wall. 363;…
1Opinion of the CourtBlack, J.
Marcus A. Wolff brought this suit against James Campbell to recover $2,500 and interest. The facts, which are not disputed, are:
The plaintiff is a real-estate agent, and the defendant a dealer and broker in notes and other securities. On the twentieth of October, 1887, defendant called at plaintiff’s office and offered to sell twenty-live shares of stock of the Fifth National Bank of St. Louis. After some negotiations the plaintiff agreed to take the stock at par and give his note therefor for $2,500 due at ninety days, the note to be secured by the stock. No-particular shares were mentioned,…
2Cases cited4 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Bryan v. WearSupreme Court of Missouri · 1835
- Vaulx v. CampbellSupreme Court of Missouri · 1843
3Cited by50 opinions
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Coleman v. Jackson CountySupreme Court of Missouri · 1942
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
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