Morris v. Norton
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is a writ of error to review a judgment, rendered by the circuit court for the Eastern district of Michigan in favor of Elizabeth Norton, administratrix of John D. Norton, against Frank H. Morris, on two promissory notes.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is a writ of error to review a judgment, rendered by the circuit court for the Eastern district of Michigan in favor of Elizabeth Norton, administratrix of John D. Norton, against Frank H. Morris, on two promissory notes. The action was begun by Morris against John 1). Norton, then living, to recover the proceeds of tlie sale of certain real estate in Mississippi, belonging to Morris, which had come into Norton's hands as agent or trustee for Morris. Tlie amount of these proceeds was undisputed, and…
1Opinion of the Court
TAFT, Circuit Judge,
after stating the facts as above, delivered tbe opinion of the court.
The first question is whether there was any evidence to show that (Morris’ dealings for Norton with Merriman & Rockefeller were not legitimate purchases of oil, but were gambling transactions. It is well settled that sales and purchases by deposit of margins, and tbe settling of differences on the rise and fall of the market, with no intention of delivering or receiving the commodity nominally dealt in, are gambling contracts, and void at common law on grounds of public policy. Irwin v. Williar, 110 U. S.…
2Cases cited29 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Ex Parte FISKSupreme Court of the United States · 1885
- Irwin v. WilliarSupreme Court of the United States · 1884
- Embrey v. JemisonSupreme Court of the United States · 1889
- Wiggins v. BurkhamSupreme Court of the United States · 1870
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3Cited by18 opinions
- Ritchie v. McMullenCourt of Appeals for the Sixth Circuit · 1897
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Boerner v. United StatesCourt of Appeals for the Second Circuit · 1941
- Tony Jake Martinez v. United StatesCourt of Appeals for the Tenth Circuit · 1961
- Levy & Cohn Mule Co. v. KauffmanCourt of Appeals for the Fifth Circuit · 1902
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