Kenyon v. Luther
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Henry O. Kenyon against John F. Luther and Addison L. Up-ham. Judgment was given for plaintiff, and defendants appeal.
1Opinion of the CourtMartin, J.
This action was to recover for commissions earned and losses sustained by the plaintiff under a contract with the defendant for the sale, in August, 1881, of 15,000 bushels of October wheat. The defense interposed was that the transaction between the -parties was in reality a wager that the price of wheat would advance before the day of delivery; that the contract in question was made with the full understanding that no wheat was to be delivered, but that the difference between the price specified and the market price at the time named for delivery should be paid by the losing to the winning…
2Cases cited4 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Story v. . SalomonNew York Court of Appeals · 1877
- Murry, Nelson & Co. v. OcheltreeSupreme Court of Iowa · 1882
- Lowe Bros. v. YoungSupreme Court of Iowa · 1882
3Cited by5 opinions
- Dwight v. BadgleyNew York Supreme Court · 1891
- West v. WrightNew York Supreme Court · 1895
- Amsden v. JacobsNew York Supreme Court · 1894
- Dwight v. BadgleyNew York Supreme Court · 1894
- Dwight v. BadgleyNew York Supreme Court · 1894