Holdgate v. Clark
New York Supreme Court
Demurrer to declaration. The plaintiff declared in debt on a bond in the penal sum of.f5000, executed by the defendant to the plaintiff, bearing date the ninth day of April, 1827, conditioned to indemnify and save harmless the plaintiff “ against all claims either in his own right or in the right of , any other person or persons claiming under or from said Clark; also against any and every claim or claims which Loring Delano or any other person or persons claiming under him…
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Demurrer to declaration. The plaintiff declared in debt on a bond in the penal sum of.f5000, executed by the defendant to the plaintiff, bearing date the ninth day of April, 1827, conditioned to indemnify and save harmless the plaintiff “ against all claims either in his own right or in the right of , any other person or persons claiming under or from said Clark; also against any and every claim or claims which Loring Delano or any other person or persons claiming under him may have to a certain lot of land, (particularly describing it,) being the same lot or premises now or lately occupied…
1Opinion of the Court
By the Court,
Sutherland, J.
The only breach assigned in the declaration is, that the plaintiff had been compelled to pay Loring Delano $140, with costs,' for the use and occupation of the premises mentioned in the defendant’s bond, for the 14 months during which he occupied the same; and the only question in the case is whether, according to the true construction of the defendant’s bond, it indemnifies the plaintiff against a claim of that description. Í am inclined to think it does. Delano owned the premises in question; on the 6th day of April, 1827, they were sold under an execution in…
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