King v. Paddock
New York Supreme Court
ASSUMPSIT for goods sold and delivered, tried before Mr. Justice Fan Ness, at the New-York sittings, in June, ' 1Q loiy. The declaration contained the common counts for goods sold and delivered, and the defendant pleaded non assump-sit, with notice that she should give evidence of her cover-ÍUTB• At the trial, the plaintiff proved, that he sold and deli-1 4 verecWo the defendant, in April, 1817, fifty-eight Leghorn hats, at 27 dollars each, amounting to 1,566 dollars.
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ASSUMPSIT for goods sold and delivered, tried before Mr. Justice Fan Ness, at the New-York sittings, in June, ' 1Q loiy. The declaration contained the common counts for goods sold and delivered, and the defendant pleaded non assump-sit, with notice that she should give evidence of her cover-ÍUTB• At the trial, the plaintiff proved, that he sold and deli-1 4 verecWo the defendant, in April, 1817, fifty-eight Leghorn hats, at 27 dollars each, amounting to 1,566 dollars. The defendant produced the bill of parcels, dated the 26th of April, 1817, in which the hats were numbered from 38 to 60, and…
1Opinion of the Court
Spencer Ch. J.
delivered the opinion of the Court. The objection made at the trial, that the defendant was a feme covert, was totally unsupported by proof. The long and continued absence of Reuben Paddock, from the United States, without any account of him for twelve years, under the circumstances of this case, furnished an irresistible presumption, from analogy to the statute of bigamy, and the statute concerning leases determinable upon lives, that he ■^as dead. In the present case, the jury were authorised to presume his death in a much shorter period. The facts justified them in presuming…
2Cases cited1 opinion
- Beecker & Beecker v. VroomanNew York Supreme Court · 1816
3Cited by19 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
- Cornell Steamboat Co. v. Jersey CityCourt of Appeals for the Second Circuit · 1892
- Wynn v. HidayIndiana Supreme Court · 1828
- In re Estate of BellesheimNew York Surrogate's Court · 1888
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