H. W. Rogers & Brother v. Marriott
Nebraska Supreme Court
Error from the district court of Dixon county. Tried below before Evans, J. Was the evidence sufficient to make a prima facie case in favor of the plaintiffs on the issues joined? The board of trade Contracts made in good faith for the future delivery of grain or other commodity, at some time in the future, were not prohibited either by the common law or the statute.
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Error from the district court of Dixon county. Tried below before Evans, J. Was the evidence sufficient to make a prima facie case in favor of the plaintiffs on the issues joined? The board of trade Contracts made in good faith for the future delivery of grain or other commodity, at some time in the future, were not prohibited either by the common law or the statute. See Wolcott v. Heath, 78 111., 433; Pixley v. Boynton, 79 111., 351; Logan v. Musich, 81 111., 415. In the last case cited the examination shoAved, as the correspondence showed in this case, that actual grain was purchased and it…
1Opinion of the CourtHolcomb, J.
As ground for recovery the plaintiffs in their petition state, in substance, that the defendant is indebted to them in the sum of $1,446.25 on account of the purchase at the request of the defendant of 20,000 bushels of wheat on the market in Chicago, Illinois, and a subsequent sale thereof made on defendant’s account at a less price per bushel. The amount sued for was the difference in the buying and selling price less $222.50, which defendant had to his credit with plaintiff, the whole or a part thereof growing out of prior transactions in the wheat pit on the Chicago board of trade.
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2Cases cited2 opinions
- Pixley v. BoyntonIllinois Supreme Court · 1875
- Wolcott v. HeathIllinois Supreme Court · 1875
3Cited by11 opinions
- Birmingham Trust & Savings Co. v. CurreySupreme Court of Alabama · 1911
- J. I. Case Threshing Machine Co. v. EichingerSouth Dakota Supreme Court · 1902
- Winward v. LincolnSupreme Court of Rhode Island · 1902
- Farmers Cooperative Shipping Ass'n v. George A. Adams Grain Co.Nebraska Supreme Court · 1909
- Ives v. BoyceNebraska Supreme Court · 1909
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