Samuel Freeman Miller

“ The counsel for defendant resisted recovery against him, on the ground that the sales and purchases made for him by plaintiffs were gambling contracts on the prices of the various articles of produce to which they related, never designed to be actually performed by delivery, but the damages were to be adjusted, and payments made and accepted, according to the difference between the contract price and market price at the date fixed for delivery. ”

“ It was alleged by the defendant that on the eleventh of March, 1879, he had notified the plaintiffs in writing that thereafter he would advance them no more margins, and would not be responsible for any losses on contracts made by them in his name. To which their answer was a denial of such instruction, and an allegation that, if it had been given, it was subsequently withdrawn and waived by other instructions and actions of defendant. Specific questions on this subject were submitted by the court to the jury, under the practice allowed by the Wisconsin statute. ”