Western Union Telegraph Co. v. Littlejohn

Citations

• 72 Miss. 1025

Syllabus

<p>1. ‘‘Futures.” Buying stocks for present delivery. Act 1882, p. 140.</p> <p>Buying and selling- stocks, not for future but present delivery, although purchases and sales follow each other in rapid succession, is not dealing in “ contracts commonly called futures, ” within the meaning of the act of 188S (Laws, p. 140) declaring such dealings unlawful. The statute condemns mere gambling on the course of the market, with reference to the future, and without any purpose to deliver the subject of the sale.</p> <p>2. New Triar. Evidence of loss. Uncertainty. EaAVwre to object.</p> <p>In an action to recover of a telegraph company for loss caused by delay of certain telegrams, between plaintiff and a broker, giving directions as to the purchase and sale of stocks, where the only evidence as to the loss is, in general terms, that by the delays plaintiff lost certain sums, which he paid, a verdict for plaintiff therefor will not be set aside where defendant failed to require of the witness a more explicit statement as to how the delays of the telegrams caused the loss.</p>