by John Marshall Harlan

Name: Beckwith v. Bean — Opinion of the Court
Author: by John Marshall Harlan

Summary

“Beckwith v. Bean — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as Bean, arrest and plaintiff.

Quotes from Beckwith v. Bean — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ A less liberal rule in the admission of evidence than that indicated in this opinion would often work the grossest injustice in cases where, as here, vindictive damages are sought against mere subordinates, whose testimony, if credited by the jury, would show that they acted in good faith, from a sense of public duty, and in obedience to the orders of their superior officers, who promptly assumed, and upon whom justly rested, the responsibility, not only for the prolongation of the imprisonment complained of, but for the denial of a speedy trial in the civil courts. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ While it is true that good faith in the original arrest and imprisonment might have been succeeded by bad faith in unnecessarily continuing the imprisonment, and in preventing a trial of Bean in the civil courts, which alone had cognizance of the specific offence charged, it was for the jury, upon all the legitimate evidence which either side could produce, to determine whether such was the fact. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ The court said: 'The evidence ruled out by the justice of the peace, as shown by the bill of exceptions, in no sense constituted a justification of the trespass complained of. But it was competent in mitigation of damages. The principle of permitting damages, in certain cases, to go beyond naked compensation, is for example, and the punishment of the guilty party for the wicked, corrupt, and malignant motive and design which prompted him to the wrongful act. A trespass may be committed from a mistaken notion of power, and from an honest motive to accomplish some good end. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ There can be no rational doubt that the facts detailed by those witnesses, in connection with the evidence before the jury, conduced to show that Brown and Guptil were, at the time of their enlistment as substitutes, known to Bean, Jewell, and Buckland to be deserters from the Federal army, and that Bean, in conjunction with his associates, enlisted them in pursuance of an understanding had before leaving Canada, that they would desert as soon as they received their bounty, and that in such desertion they would receive all the aid which Bean and his associates could render. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ But the law tolerates no such abuse of power, nor excuses such act; yet, in morals and the eye of the law, there is a vast difference between the criminality of a person acting mistakenly from a worthy motive, and one committing the same act from a wanton and malignant spirit, and with a corrupt and wicked design. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ When the depositions of Kinney, Brown, and Jewell were offered, the objection was that, in their substance, they were not competent evidence, but that if any part of either of them was admissible, 'it was so intermingled with inadmissible statements that the whole became inadmissible.' The objection was made at the moment they were offered, without calling the attention of the court to the particular portions of the depositions which were claimed to be inadmissible under any view of the case. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ It is equally well settled that in the absence of gross fraud, malice, or oppression, in cases of trespass to person or estate, the jury should restrict damages to compensation or satisfaction for the actual injuries sustained. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ When we came to Woodstock, Bean, Buckland, and myself went to the provost-marshal's office first, and afterwards all went there, but did not enlist the men, for the reason that the men could not get their bounty till they got to camp, and they would not enlist. ”

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Source: Wikisource

by John Marshall Harlan, Beckwith v. Bean — Opinion of the Court

“ For the purpose, doubtless, of guarding against immediate desertion, Brown and Guptil were required by the provost-marshal to deposit their bounty with a clerk in the office, as security for their departure, on the following evening, to the recruiting rendezvous at New Haven, Conn. ”

by John Marshall Harlan

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