Clarke, Harrison & Co. v. Brown
Supreme Court of Georgia
Contracts. Futures. Principal and Agent. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. C. I. Brown brought suit against Clarke, Harrison & Co., alleging that he had placed in their hands money for the purpose of handling grain for him; that their books showed that they had in hand $724.90 belonging to him; and that he had demanded it, but payment had been refused.
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Contracts. Futures. Principal and Agent. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. C. I. Brown brought suit against Clarke, Harrison & Co., alleging that he had placed in their hands money for the purpose of handling grain for him; that their books showed that they had in hand $724.90 belonging to him; and that he had demanded it, but payment had been refused. The defendants pleaded the general issue; and that this was a transaction in futures and was illegal, and no recovery could be had. The evidence for- the plaintiff was, in brief, as follows: About July,…
1Opinion of the Court
Jackson, Chief Justice.
The suit is brought by Brown against Clarke, Harrison & Co. for the recovery of some seven hundred dollars deposited with them to fill margins in the purchase of contracts in pork and grain for future delivery. The jury *609found for the plaintiff the sum sued for; the defendants excepted, and on the denial of a new trial, the case is before us.
The point made is, whether money deposited by a principal to agents to purchase futures can be recovered by the principal from the agents, the same not being the fruits of the gambling transaction, as denominated by this court— not…
2Cases cited3 opinions
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- Sewell v. NorrisSupreme Court of Georgia · 1907
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- Garrison v. BurnsSupreme Court of Georgia · 1896
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