Joseph P. Bradley

Name: Rea v. Missouri — Opinion of the Court
Author: Joseph P. Bradley

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“Rea v. Missouri — Opinion of the Court”, is a work by Joseph P. Bradley. It explores elements such as Hayes, Fuller and examination.

Quotes from Rea v. Missouri — Opinion of the Court (Joseph P. Bradley)

Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ To establish fraud, it is not necessary to prove it by direct and positive evidence. Circumstantial evidence is not only sufficient, but in most cases it is the only proof that can be adduced. It was not necessary in this case, for the defendants, in order to maintain the issue on their part, to prove by direct and positive evidence, that Fuller had a secret trust or property in the goods. It was sufficient if they proved such facts and circumstances tending to that conclusion as might reasonably induce the jury to believe that he had such trust or property. ”

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Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ While the first charge properly left to the jury the real question in the case-namely, whether the goods bought by Hayes in his own name were bought upon some secret trust for the benefit of Fuller-the additional instructions, or new charge, as it really was and might be better called, was calculated to lead the jury to throw out of account every consideration but the one, who bought the goods, and to give no weight to the facts, which tended to prove that there was a secret trust for Fuller. ”

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Source: Wikisource

Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ We also think the judge erred in instructing the jury that it was immaterial as to the ownership of the goods, how Hayes acquired his means, or whether his exhibit of his means was correct or not. Considering the connection between Hayes and Fuller, the fact that Fuller recommended Hayes as a purchaser of the goods, certified to his responsibility, indorsed his notes for a part of the purchase-money, and pledged his wife's securities as collateral to a portion thereof, an inquiry into Hayes's means at the time of the purchase, and the correctness of his exhibit, was competent and proper. ”

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Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ As to the exception to the ruling of the court on the admission of evidence in the case. The cross-examination of Hayes was very long, and took a wide range: much wider than is allowed in United States courts in the case of an ordinary witness, where the cross-examination is usually confined within the scope of the direct examination. [5] But a greater latitude is undoubtedly allowable in the cross-examination of a party who places himself on the stand than in that of other witnesses. ”

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Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ Because all transactions alleged with the friend were in 1866, more than three years before the purchase of these goods.
2d. Because the witness did not say that he had paid cash for the goods. On the contrary, it is part of the case that he did not pay cash for them, but that he bought them largely on credit. A man who buys largely on credit rarely has cash. Here the goods cost but about $24,000, and even that sum was not paid in cash. ”

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Source: Wikisource

Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ Whereas, the case really turned upon the ancillary question, whether Hayes and Fuller were engaged in a fraudulent scheme to procure goods in the name of Hayes, but for the secret benefit of Fuller.
VENIRE DE NOVO ORDERED.
Mr. Justice CLIFFORD dissented, on the first point, the exception to the ruling of the court on the admission of evidence.
Notes
↑ 1 Greenleaf on Evidence, § 454; 2 Phillips on Evidence, 939 (ed. of 1859) , also note 593; Swift on Evidence, 80, 81; The People v. Abbot, 19 Wendell, 192-195; Great Western Turnpike Company v. Loomis, 32 New York, 127, 137; The People v. ”

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Source: Wikisource

Joseph P. Bradley, Rea v. Missouri — Opinion of the Court

“ The People, 2 Lansing, 227; Low v. Mitchell, 18 Maine, 374; Coburn v. Odell, 10 Foster, 540.↑ The Philadelphia and Trenton Railroad v. Stimpson, 14 Peters, 461.↑ Ib. 463.↑ Johnston v. Jones et al., 1 Black, 216; Teese et al. v. ”

Joseph P. Bradley

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