Page:United States Reports, Volume 209.djvu/433

 WARE & LEIJTD . MOBILE COUNTY. 209 U.S. Opinion of te Court. of Alabama: they also had offices in the city of New York in the State of New York, and in the city of New Orlea in the State of Louisiana,' and in the city of Chicago in the State Illinois, each of which offices was connected by priwte tele- graph wires with said Mobile office. Said Mobile, Alabama, office was in the charge of their agent, one Robbins, and was engaged in the business of buying and selling cotton for future 'delivery, on commission, for the public generally and for special customers, said business being conducted in the fol- lowing wy and in no other way: They would un, through their agent, to buy or sell a cotton future contrac for'& customer in the Cotton Exchange in New York or in New Orleans, as he might select, he making at the time a de- poeit of money with them as a margin to protect them k in mklnE such traussin for Min. When the customer 'gve the order to Ware and Leld, either for a sale or a pur- che of s future contract, it was not usual for anything to be said between them about an actual delivery of the cotton, but when the transaction was commenced by s purchase or sale of the cotton Ware and Leland would immediately fur- nish to the enstomer a memorandum thereof, partly written and partly printed, upon which the following stipulations were printed: 'On all marshal business, we reserve the right to close tr,,,,,,tious without further notice when margins are about exhausted, and to settle contracts in accordance with the rules and customs of the exchange on which the order is placed, it being understood and agreed hi all trades that actual delivery is contemplated,' and 'All purchases and sales made !y us for you are made in accordance with and subject to the rules, regulations and customs of the exchange on wMch' the order is placed, and the rules, regulations and requirements of the board of managers of said exchange, and all amend- ments that may be made thereto.' Such agent would there- upon transmit such order by their private telegraph line to the defendants' oflice in the city without the State of Alabama selected tot such transaction; that such order would be there-

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