McDermot v. McDermot
New York Supreme Court
Appeal from an order at special term; entered pursuant to the following opinion.
1Opinion of the CourtCardozo, J.
I think the only material question is whether Robert McDermot, jr., is to be presumed to be dead, and if so, whether the title based upon that presumption is such as a purchaser should be obliged to take. The proof shows that he left this country about fifteen years ago on a whaling vessel, from which he deserted; that he was in the habit of writing to his mother, but that she has received no letter from him, nor has he been heard of in any way since the 28th of January, 1855, about thirteen years ago; that by letter of that date from Taleahuana, he informed her that something had grown over…
2Cases cited2 opinions
- Grady v. WardNew York Supreme Court · 1855
- Disbrow v. FolgerNew York Supreme Court · 1857