Legal Opinion

Bradley v. Poole

Massachusetts Supreme Judicial Court

Decided November 15, 1867PublishedCited by 19 opinions

Contract for money received to the plaintiff’s use, alleged to have been paid to the defendant, in consequence of false and fraudulent representations made by him, for certain pretended shares in a corporation fraudulently organized, which shares the plaintiff afterwards tendered back; said false and fraudulent representations being “ that said corporation was all right and would immediately prosecute the development of its property in Colorado and the business for which it…

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Contract for money received to the plaintiff’s use, alleged to have been paid to the defendant, in consequence of false and fraudulent representations made by him, for certain pretended shares in a corporation fraudulently organized, which shares the plaintiff afterwards tendered back; said false and fraudulent representations being “ that said corporation was all right and would immediately prosecute the development of its property in Colorado and the business for which it was organized, and that said shares were of great value.” At the trial in the superior court, before Ames, J., the…

1Opinion of the CourtChapman, J.

After the plaintiff’s testimony was put in, the defendant’s counsel requested the court to rule that, assuming that all the facts offered to be proved by the plaintiff were actually and fully proved, the plaintiff was not entitled to recover, and the case should be withdrawn from the jury and a verdict directed for the defendant. This motion was denied, and tin defendant excepts to the decision. But it is settled that it is a matter of discretion with the presiding judge whether he will grant or deny such a motion. Bassett v. Porter, 4 Cush. 487. McGregory v. Prescott, 5 Cush. 67. Wentworth…

2Cited by19 opinions

  1. Accident Insurance v. CrandalSupreme Court of the United States · 1887
  2. Bogk v. GassertSupreme Court of the United States · 1893
  3. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  4. Barabasz v. KabatCourt of Appeals of Maryland · 1900
  5. Local Building & Loan Ass'n v. Hudson-Houston Lumber Co.Supreme Court of Oklahoma · 1931

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