A. G. Edwards Brokerage Co. v. Stevenson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) At common law and in tbe absence of statute, a broker wlio is privy to a wagering contract is particeps criminiSj, and can not recover for services rendered or losses incurred therein. This is upon the theory that the broker is not an agent, as there can be no agency in the perpetration of a crime or a misdemeanor. Eeam v. Hamilton, 15 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) At common law and in tbe absence of statute, a broker wlio is privy to a wagering contract is particeps criminiSj, and can not recover for services rendered or losses incurred therein. This is upon the theory that the broker is not an agent, as there can be no agency in the perpetration of a crime or a misdemeanor. Eeam v. Hamilton, 15 Mo. App. 577; Crawford v. Spencer, 92 Mo. 498; Irwin v. Williar, 110 H. S. 499; Embrey v. Jamison, 131 H. S. 336; Pope v. Hanke, 40 N. E. 839; Jamison v. Wallace, 47 N. E. 762. (2) A broker…
1Opinion of the CourtBurgess, J.
The purpose of this action is to recover of defendant a sum of money aggregating, including interest, and commissions as broker, the sum of $7,360.87, alleged to be due plaintiff on account of services rendered by it, and moneys advanced by it, for defendant, at his instance and request, in the purchase of Linseed Oil stock, and Atchison, Topeka & Santa Fe preferred stock. Plaintiff had judgment for the amount stated and after unsuccessful motion for a new trial defendant appeals to this court.
Plaintiff, a broker in the city of St Louis, engaged in the business of buying and'selling stocks…
2Cases cited8 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Connor v. BlackSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
- Dickson v. Uhlmann Grain Co.Supreme Court of the United States · 1933
- Wilhite v. HoustonCourt of Appeals for the Eighth Circuit · 1912
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
14 more not listed; retrieve them via the Exa API.