Carson v. Milwaukee Produce Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbe appeal is from a judgment rendered in an action at law on contract. Respondents, whose partnership name is Carson, Craig & Co., are grain and seed brokers of Detroit, Michigan, and members of tbe board of trade of that city.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbe appeal is from a judgment rendered in an action at law on contract. Respondents, whose partnership name is Carson, Craig & Co., are grain and seed brokers of Detroit, Michigan, and members of tbe board of trade of that city. Tbe appellant is a corporation of Milwaukee, Wisconsin, dealing in wool, products, beaus, etc., having for its president and principal manager one Herman Reel, who is a member of tbe Milwaukee board of trade and familiar with board of trade rules and transactions.…
1Opinion of the CourtTimuiN, J.
Tbe pivotal question is whether there was evidence to take tbe case to tbe jury. Ordinarily, and in those cases in which the law does not, from the act in question, conclusively infer the intent, the question of intention is a question of fact for the jury in actions at law. Contracts in form for the sale or purchase of commodities, where neither party intends to deliver or accept the property nominally sold, but where it is intended by both parties that the transaction shall be settled by the payment of the difference in prices according to the rise and fall of the market, are gambling…
2Cases cited14 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Bartlett v. CollinsWisconsin Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kassuba Commission Co. v. BlodgettWisconsin Supreme Court · 1914
- Benson-Stabeck Co. v. Reservation Farmers' Grain Co.Montana Supreme Court · 1922
- Allen v. DenmanCourt of Appeals of Texas · 1925
- Wagner v. Engel-Millar Co.Wisconsin Supreme Court · 1911
- Murlas Brothers Commodities, Inc. v. BushmanWisconsin Supreme Court · 1979
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