Dunn v. Hewitt
New York Supreme Court
Error to the Saratoga common pleas. Sally and Wealthy Dunn sued Hewitt in a justice’s court in trespass for a wagon. On the trial it appeared that the defendant took the property as a constable by virtue of an execution from a justice’s court against Peter Dunn, the father of the plaintiffs.
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Error to the Saratoga common pleas. Sally and Wealthy Dunn sued Hewitt in a justice’s court in trespass for a wagon. On the trial it appeared that the defendant took the property as a constable by virtue of an execution from a justice’s court against Peter Dunn, the father of the plaintiffs. The plaintiffs made title to the wagon, as follows: Peter Dunn, who formerly owned it, confessed a judgment in favor of one Smith, and it was sold upon an execution on that judgment to Marshall. The plaintiffs claimed to have purchased it of Marshall, and called P. Dunn as a witness to prove, among other…
1Opinion of the Court
By the Court., Jewett, J.
The actual possession of the property when the defendant took it under the execution, was in Peter Dunn, the defendant in the execution, who was the former owner of it; the plaintiffs therefore were bound to prove title to the property. It is a general rule, that when written evidence of a fact exists, all parol evidence is excluded. There are, however, exceptions to the rule, such as that written acknowledgments and receipts need not be produced, or their absence accounted for, to admit parol evidence of the transactions which .they are designed to evince. (Tobey v.…
2Cases cited3 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Lessee of Dawson v. MorrisSupreme Court of Pennsylvania · 1807
- Curtis v. PattonSupreme Court of Pennsylvania · 1820
3Cited by12 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868
- Willard v. OstranderSupreme Court of Kansas · 1891
- Rowe v. WrightMichigan Supreme Court · 1864
- Schultz v. CoonWisconsin Supreme Court · 1881
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