Legal Opinion

Wolff v. Campbell

Supreme Court of Missouri

Decided May 23, 1892PublishedCited by 50 opinions

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

  1. Gregory v. ChambersSupreme Court of Missouri · 1883
  2. Cole v. SkrainkaSupreme Court of Missouri · 1891
  3. Bryan v. WearSupreme Court of Missouri · 1835
  4. Vaulx v. CampbellSupreme Court of Missouri · 1843

3Cited by50 opinions

  1. Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
  2. Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
  3. Coleman v. Jackson CountySupreme Court of Missouri · 1942
  4. Gordon v. BurrisSupreme Court of Missouri · 1897
  5. Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915

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