Barnard v. Backhous

Citation6 N.W. 252,52 Wis. 593
PartiesBARNARD v. BACKHOUS, IMPLEADED, ETC.
Decision Date01 January 1880
CourtUnited States State Supreme Court of Wisconsin
OPINION TEXT STARTS HERE

________, J.

Contracts in writing for the sale and delivery of grain at a future day, for a price certain, made with a bona fide intention to deliver the grain and pay the price, are valid in law; but when such contracts are made as a cover for gambling, without intention to deliver and receive the grain, but merely to pay and receive the difference between the price agreed upon and the market price at such future day, they come within the statute of gaming, and are void in law. To uphold such a contract it must affirmatively and satisfactorily appear that it was made with an actual view to the delivery and receipt of the grain, and not as an evasion of the statute of gaming, or as a cover for a gambling transaction. In the present case it sufficiently appears that at least some of the transactions between the parties, which enter into the consideration of the note and mortgage in suit, were mere gaming transactions of this character, were void in themselves, and taint the whole security, which is, therefore, absolutely void.

The complaint should have been dismissed.

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30 cases
  • Ascher v. Edward Moyse & Co.
    • United States
    • United States State Supreme Court of Mississippi
    • January 29, 1912
    ...... Miss. 568; Gray v. Robinson, 48 So. 226; Sprague. v. Warren, 3 L. R. A. 679; Bartlett v. Collins, . 83 Am. St. Rep. 932; Barnard Backus case, 52 Wis. 593;. Rogers v. Marriatt, 59 Neb. 770; Dows v. Glassbell, 4 N.D. 261; Mohr v. Miesen, 47 Minn. 233; Waite v. Frank, ......
  • Sheffield-King Milling Co. v. Jacobs
    • United States
    • United States State Supreme Court of Wisconsin
    • January 13, 1920
    ......Atwater v. Manville, 106 Wis. 64, 81 N. W. 985;Lowry v. Dillman, 59 Wis. 197, 18 N. W. 4;Barnard v. Backhaus, 52 Wis. 593, 6 N. W. 252, 9 N. W. 595. There is, however, not the slightest intimation in the record that the parties at the time of ......
  • John Miller Co. v. Klovstad
    • United States
    • United States State Supreme Court of North Dakota
    • October 2, 1905
    ...the option. It is very slight and the court will scrutinize the contract very closely. Sprague v. Warren, 41 N.W. 1113; Barnard v. Backhaus, 6 N.W. 252, 9 N.W. Court takes judicial notice that a majority of the transactions on the boards of trade are purely fictitious, speculative and gambl......
  • Anderson v. State
    • United States
    • United States Court of Appeals (Georgia)
    • May 16, 1907
    ...... of Illinois. Pickering v. Cease, 79 Ill. 328. Likewise. in Wisconsin. Everingham v. Meighan, 55 Wis. 354, 13. N.W. 269; Barnard v. Backhaus, 52 Wis. 593, 6 N.W. 252, 9 N.W. 595; Lyon v. Culbertson, 83 Ill. 33, 25. Am.Rep. 349; Gregory v. Wattowa, 58 Iowa 713, 12. N.W. ......
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