Connor v. Black
Supreme Court of Missouri
Appeal from ClarJc Circuit Court. — Hon. B. E. Turner, Judge. The court erred in refusing declaration of law number 1, offered by the appellant, for if respondent and appellant did not intend any oats was to be delivered on contract of sale, it was a gambling contract, and if money was paid thereon, by appellant, to respondent, within three months next before the beginning of this suit appellant was entitled to recover it back.
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Appeal from ClarJc Circuit Court. — Hon. B. E. Turner, Judge. The court erred in refusing declaration of law number 1, offered by the appellant, for if respondent and appellant did not intend any oats was to be delivered on contract of sale, it was a gambling contract, and if money was paid thereon, by appellant, to respondent, within three months next before the beginning of this suit appellant was entitled to recover it back. McGrew v. City Produce Exchange, 4 S. W. Rep. 38; Floyd v. Patterson, 10 S. W. Rep. 526; Irwin v. Williar, 110 U. S. 499; Watterman v. BucMand, 1 Mo. App. 45;…
1Opinion of the CourtUantt, P. J.
This is the second appeal in this cause. The first is reported in Connor v. Black, 119 Mo. 126.
The case was submitted to the court without the intervention of a jury upon the evidence taken at the former, trial. All objections to evidence on either side were formally waived. The plaintiffs’ appeal will be first considered.
I. Among other declarations of law prayed for by the plaintiffs was the following:
“4. The court declares the law to be that if it appears from the evidence that plaintiffs, as agents for defendant, George Black, on July 17, 1890, sold in good faith for him to various persons…
2Cases cited4 opinions
- Connor v. BlackSupreme Court of Missouri · 1893
- Hickerson v. BensonSupreme Court of Missouri · 1834
- Humphreys v. MageeSupreme Court of Missouri · 1850
- Ryan v. JudyMissouri Court of Appeals · 1879
3Cited by8 opinions
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
- A. G. Edwards Brokerage Co. v. StevensonSupreme Court of Missouri · 1901
- Atwater v. A. G. Edwards Brokerage Co.Missouri Court of Appeals · 1910
- Cox v. LeeMissouri Court of Appeals · 1975
- Carpenter v. Beal-McDonnell & Co.District Court, E.D. Arkansas · 1915
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