natural presumption in New York

10 New York opinions name it 6 courts 1871–2016 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
People v. . O'Sullivangreen · 1887 · cited in 2 New York opinions naming this issue, 2011–2016 2 sentences 2016But where the disclosure is not [close in time to the incident, or] as soon as suitable opportunity is furnished, the reason for receiving it in evidence does not exist, and the principle justifying its reception does not apply” (People v O’Sullivan, 104 NY 481, 486-487 [1887]). 2011The majority quotes (majority op at 512) our explanation for the rule a century and a quarter ago: “The outrage in such a case upon a virtuous female is so great that there is a natural presumption that at the first suitable opportunity she would make disclosure of it; and she would be so far discredited if she did not make the disclosure, for the purpose of confirming her evidence where she is a witness, such disclosure may be received” (People v O’Sullivan, 104 NY 481, 486 [1887]).	2	2
Case v. . Dextergreen ny · 1887 · cited in 1 New York opinions naming this issue, 1991–1991 1 sentence 1991But in this case it is plain, that the representation of quantity was deemed material by the parties.” (87 NY, supra, at 331 [emphasis added].) That acreage is not always a material element of the transaction was made clear by the same court five years later in Case v Dexter ( 106 NY 548, 554 [1887]), when it held that ”[v]ariance between actual and estimated quantity of land is not usually a material circumstance, but it may in some cases be an important element in determining the intention of the parties to the grant.” Here the contract called for acreage of 2,000 acres more or less, but spe	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Plotkin v. Rabinowitz neutral nysupct · 1967 1 sentence 1976The Sixth Circuit has held to the contrary (United States v Jones, 542 F2d 661, 667), stating that the statute was clear on its face and that its blanket prohibition did not exclude "interspousal wiretaps.” "The natural presumption when construing a statute is that Congress meant what it said.” Apparently the only decision in point construing our State statute is Plotkin v Rabinowitz ( 54 Misc 2d 550 ).	1	1976–1976
People v. Appelbaum green ny · 1950 1 sentence 1976There the Supreme Court, Queens County, held that the present eavesdropping statute overruled the 1950 decision of People v Appelbaum ( 277 App Div 43 , affd 301 NY 738 ).	1	1976–1976
Matter of Lee green ny · 1917 1 sentence 1932Of course a father or a mother has a strong natural claim to the custody and companionship of a child, but even this must give way where it clearly appears that the child’s welfare requires different disposition of its custody.” To like effect see Matter of Lee ( 220 N. Y. 532, 539 ); People ex rel.	1	1932–1932
Bevan v. . Cooper green ny · 1878 1 sentence 1930(Bevan v. Cooper, 72 N. Y. 317, 325 .) This arbitrary standard, I think, has no force in the case under consideration for reasons already stated.	1	1930–1930
People ex rel. Barry v. Mercein neutral nychanct · 1839 1 sentence 1913(Matter of Waldron, 13 Johns. 418 ; People v. Mercien, 8 Paige, 47 ; People v. Wilcox, 22 Barb. 178 ; S. C., sub nom.	1	1913–1913
People ex rel. Wilcox v. Wilcox neutral nysupct · 1854 1 sentence 1913(Matter of Waldron, 13 Johns. 418 ; People v. Mercien, 8 Paige, 47 ; People v. Wilcox, 22 Barb. 178 ; S. C., sub nom.	1	1913–1913
In re Waldron green · 1816 1 sentence 1913(Matter of Waldron, 13 Johns. 418 ; People v. Mercien, 8 Paige, 47 ; People v. Wilcox, 22 Barb. 178 ; S. C., sub nom.	1	1913–1913
Whitlatch v. Fidelity & Casualty Co. neutral nysupct · 1894 1 sentence 1901(Whitlach v. Fidelity & Casualty Co., 78 Hun, 262 ; Mallory v. Travelers' Ins.	1	1901–1901
The People v. . the Home Insurance Co. green · 1883 1 sentence 1884In People v. Home Insurance Company ( 92 N. Y. 328 ), Huger, Ch.	1	1884–1884
Bogardus v. Trinity Church green · 1833 1 sentence 1871In Bogardus v. The Trinity Church ( 4 Paige, 178 ), the chancellor, speaking of the effect of English statutes upon the law of the State, says it is a natural presumption, and is, *142 therefore, adopted as a rule of law, that upon the settlement of a new territory by a colony from another country, especially when the colonists continue, subject to the same government, they carry with them the general laws of the mother country, which are applicable to the situation of the colonists in the new territory, which laws thus become the laws of the colony, until they are altered by common consent or	1	1871–1871

Where else courts name it

PA 34 (1831–2020) GA 22 (1911–2024) CA 21 (1906–2021) TX 17 (1878–2022) MD 14 (1909–2021) IL 11 (1896–2016) SC 10 (1915–1999) NY 10 (1871–2016) AL 10 (1884–2008) MO 10 (1866–1955) VA 8 (1876–2017) NE 8 (1897–1999) KS 7 (1902–2013) OK 7 (1923–1969) CT 7 (1930–2021) MN 6 (1905–2015) OH 5 (1860–2026) IA 5 (1903–2024) MA 4 (1980–2000) WI 4 (2017–2018) IN 4 (1891–1939) MI 3 (1923–2017) NJ 3 (1894–1982) ND 3 (1910–2002) CO 3 (1923–1962) NC 3 (1931–2015) OR 3 (1898–1933) AZ 3 (1997–2026) AR 2 (1905–1908) WV 2 (1935–2000) MS 2 (2007–2010) UT 2 (1929–1932) DE 2 (1946–1970)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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