Jennings v. Morris

Supreme Court of Pennsylvania May 1, 1905

Jennings v. Morris, 211 Pa. 600 (Pa. 1905)

61 A. 115; 1905 Pa. LEXIS 514

Brown, Elkin, Fell, Mestrezat, Mitchell

Opinion of the Court

Per Curiam,

The learned referee in the court below reviewed the evi*606dence with great care, and found as a fact, evidently with reluctance arising from the dishonesty of the defense, that the transactions out of which the plaintiff’s claim arose were wagering agreements not enforceable at law. To the facts thus found he applied the law with entire accuracy, and after a most careful examination we are forced to sustain his conclusions.

Judgment affirmed on the report of the referee.

Reference

Cited By: 8 cases
Status: Published
Syllabus: Contract—Gambling contracts—Futures—Merchandise. Merchandise such as grain, cotton and oil may legally be bought and sold upon speculation, and the purchase may be with borrowed money, or upon credit, and with or without security; and the legality is not affected if the purchaser pledges the merchandise to secure the payment of the purchase money. The transaction, however, becomes illegal if in fact it is the intention of the parties only to pay or receive the difference between the contract prices and the future market prices without the delivery of the subject of sale. The legal presumption is that the transactions were not contrary to law, and the burden is upon him who asserts the contrary to prove their illegality. Where the testimony is conflicting the intention of the parties may be gathered from the course of dealing.