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2 Wend. 411

Packard v. Hill

New York Supreme Court

Decided May 15, 1829

New York Supreme Court · decided 1829-05-15

This was an action of assumpsit to recover monies paid, &c. for the defendants. The declaration contained four counts : the three first counts were special, to which the defendant demurred; the fourth was the common count for money paid, laid out and expended, to which the defendant pleaded the general issue.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-05-15

How this case has been cited

Cited by 10 later decisions — most recently November 1889

10 state decisions

301829183018401850186018701880decided

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.

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By the Court, Savage, Ch. J.

¶1All the points now raised, except that growing out of the offer to prove the laws regulating the court of consulado of Havana, in the manner stated in the bill of exceptions, were considered and decided when this cause was heretofore before us, (7 Cowen, 434,) and we adhere to the decision then made. The evidence offered to prove the laws regulating the court of consulado, by a print*413ed book purchased in Havana, purporting to contain the royal charter establishing that court, ivas properly rejected by the judge. It is by virtue of a statute of this state, that our own statutes are read in court from a printed book. The written laws of other states must be proved by an exemplification, and not by the printed statute books of such states. The rule on this subject is not uniform in the courts of our sister states, (note 2 to l Starkie's Ev. 163,) but a book purchased in a bookstore, purporting to contain the laws of a state, unless published by authority, would not be admitted any where, as evidence of the written laws of any government.

¶2New trial denied.

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