The Theory of Stock Exchange SpeculationCrump, Arthur
General
The Theory of Stock Exchange Speculation
Crump, Arthur
Speculation
This practice of paying differences is, as I understand it,
much rarer, however, than the actual delivery of the stocks or
bonds mentioned in the contract. The courts have of late years,
with great uniformity, dealt with these contracts with the
disposition to uphold and maintain them, and have discredited
the defence of their being of the nature of a wager, and have
held the contracting parties to their agreements in the same
manner as in every other contract for which a reasonable
consideration had passed.
The decision of the Courts of this State, of Massachusetts,
Pennsylvania and Illinois, and in the Federal tribunals, where,
in one form or another, these contracts have been the subject
matter of examination, have been so uniform in that direction
that we can now regard this as settled law.
It was only in the infancy of those larger and more complicated
mercantile transactions incident upon the development of the
modern industrial world, that doubts as to the moral aspect
of these contracts could arise. Political science proves, and
the law has followed the conclusion, that these time contracts
now form a necessary part and perform a conservative function
in the economy of a fully developed commercial life. They
are an as yet undeveloped form of insurance of values to a
purchaser, for which the purchaser pays a fair equivalent, and
in process of time such insurances must perform a larger and
more important function in the purchase of commodities or of
representatives of value which have a tendency to fluctuate
largely in price.
For a time it was supposed that the ordinary policy of fire
insurance partook of the nature of a bet, and there was doubt
as to whether the Courts would enforce contracts of insurance,
because it looked as though the insurer was saying to a man who
wanted to have his house insured against fire, “I will bet you
the value of you house that it does not burn down.” But we have
long since departed from this infantile mode of looking at the
situation and have learned to regard insurance as one of the
conservative elements of modern civilized life, by which heavy
losses are evenly distributed instead of coming with crushing
effect upon the persons suffering the misfortune.
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