Stewart v. Hutchinson
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. The confessed facts in this case stamped the business that the plaintiff and defendant were engaged in as gambling transactions, as we view it, beyond dispute.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. The confessed facts in this case stamped the business that the plaintiff and defendant were engaged in as gambling transactions, as we view it, beyond dispute. The great quantity of grain bought, the settlements made at the marginal differences in the rise and fall of the price, and the confessed fact that these parties had no use for the grain, were not looking for grain and contemplated only to speculate in the variations of the price of wheat, made it gambling within the meaning of section 2337, Revised Statutes 1899, even…
1Opinion of the CourtGoode, J.
Action on a promissory note for $2,-200 dated April 5, 1902, executed by defendant and payable to the order of plaintiff drawing interest at the rate of eight per cent from date. In his answer the defendant admitted the execution of the note, but pleaded in defense that the consideration for it was an indebtedness contracted in gambling deals in which he and plaintiff were jointly interested. The gambling deals were alleged to be speculations on the rise and fall of the future market values of wheat,- the parties not contemplating the delivery of the wheat they pretended to purchase, but only…
2Cases cited14 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Brooks v. MartinSupreme Court of the United States · 1864
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- McBlair v. GibbesSupreme Court of the United States · 1855
- Crawford v. SpencerSupreme Court of Missouri · 1887
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3Cited by2 opinions
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
- Burston v. FennewaldMissouri Court of Appeals · 1928