Public-domain · open source
OpenJurist

1 Johns. 340

Waring v. Warren

New York Supreme Court

Decided May 15, 1806

New York Supreme Court · decided 1806-05-15

• THIS cause came before the court on a writ of error, from the common pleas, or Mayor’s court, of the city of New-Tork. An action of trover, for certain goods and chattels, had been prosecuted in the court below, by the defendant in error, against the plaintiff in error.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-05-15

How this case has been cited

Cited by 7 later decisions — most recently June 1889

5 state decisions

20180618101820183018401850186018701880decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1It was not necessary to produce the paper, It was sufficient for the plaintiff to show that he had purchased the goods at auction. It was a paper with which the defendant had nothing to do> and which the plaintiff was not bound to produce. If the defendant wished it, he ought to have taken the proper steps for that purpose, by giving notice to the opposite party to produce it, or that parol evidence would be given of its contents. The objection was properly overruled. The court below were also right, in rejecting the evidence offered by the defendant, of the declarations of Mrs. Nocus made subsequently to her marriage, for she was then interested to maintain her own possession, audio support her title.

¶2Judgment affirmed.

/1/johns/340 · .json · Public domain