M'Intire v. Morris' Administrators
New York Supreme Court
This was an action of debt, tried in September, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff declared on a special agreement entered into between him and Eleanor Morris, the intestate, dated 19th April, 1819, in which, after reciting that Mrs. Morris was entitled to the moiety of a certain estate in the island of Jamaica, and to certain personal property bequeathed by her aunt Mary Hedman; that from lapse of time difficulties had arisen,…
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This was an action of debt, tried in September, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff declared on a special agreement entered into between him and Eleanor Morris, the intestate, dated 19th April, 1819, in which, after reciting that Mrs. Morris was entitled to the moiety of a certain estate in the island of Jamaica, and to certain personal property bequeathed by her aunt Mary Hedman; that from lapse of time difficulties had arisen, rendering itnecessary to expend monies to obtain possession of the property; that Mrs. Morris was unwilling to make…
1Opinion of the Court
By the Court,
Sutherland, J.
There are two principles involved in this case, in relation to which there can be no dispute. First. That if by the true construction of the agreement of the 19th of April, 1819, between the plaintiff and Mrs. Morris, the giving of the security mentioned in the agreement was a condition precedent on the part of M’Intire, and was to be given at all events, he cannot recover upon the special count in his declaration, nor upon any other count which can be framed on the special contract, it being a *94conceded fact in the case that such security was never given nor…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Forsyth v. GansonNew York Supreme Court · 1830
3Cited by8 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Church v. . HowardNew York Court of Appeals · 1880
- Lane v. DotyNew York Supreme Court · 1848
- Scruggs v. Driver's ExecutorsSupreme Court of Alabama · 1857
- Weston v. MurnanIndiana Supreme Court · 1853
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