200 F. 390 | 8th Cir. | 1912
Wilhite complains of a judgment which Houston and Fible obtained against him on an account for disbursements and commissions on sales and purchases of grain. His defense, or rather the only one material here, was that the transactions out of which the account arose were gambling transactions; that is to say, that it was not intended the grain dealt in should be delivered or received, but that the ventures were mere wagers on the fluctuations of the market, to be settled according to the differences between contract and market prices. Most of the defendant’s assignments of error relate to the refusal of the trial court to direct a verdict in his favor, the refusal of instructions asked, and the charge given by the court to the jury. It is not necessary to recite them in detail. They can be disposed of by referring to facts which were either uncontroverted or settled by the verdict in favor of the plaintiffs and to certain principles of law which we think are well established.
■‘With reference to Mr. Wilhite, we beg to state that he called [on] us late this- afternoon and made arrangements for the protection of his account.” ■
We have exercised our discretion to pass over serious objections to defendant’s assignments of error, and have given consideration to those which we think merit it.
The judgment is affirmed.