Legal Opinion

Ayers v. . Dixon

New York Court of Appeals

Decided September 30, 1879PublishedCited by 16 opinions

Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff failed to make out a case for a breach of covenant to pay money.

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Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff failed to make out a case for a breach of covenant to pay money. (Halsey v. Reed, 9 Paige, 446, 451; Garnsey v. Rogers, 47. N. Y., 241.) No case for breach of covenant of indemnity was made out. (Marsh v. Pike et at, 10 Paige, 595; Beers v. Shannon, 73 N. Y., 305; Halsey v. Reed, 9 Paige, 446;…

1Opinion of the CourtDanforth, J.

The plaintiff’s case rests on certain allegations of fact:

First. That on the 10th of January, 1876, one Bead executed a mortgage to Vaughn of $4,000, upon premises in Aiken, South Carolina, afterwards owned by Eleazer Ayers, and he on the 29th day of September, 1876, in consideration of one dollar, paid to him, agreed to sell .an undivided one-half part thereof to the defendant Dixon, “ for the sum of six thousand dollars,” “ which,” as the .agreement states, Dixon “ agrees to pay and deliver” to Ayers as follows : “ Three thousand dollars at the time of the delivery of the deed'of'the said…

2Cases cited2 opinions

  1. Burr v. . BeersNew York Court of Appeals · 1861
  2. Woodruff v. BunceNew York Court of Chancery · 1842

3Cited by16 opinions

  1. Gunst v. PelhamTexas Supreme Court · 1889
  2. Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
  3. Fish v. GloverIllinois Supreme Court · 1894
  4. Green v. McDonaldSupreme Court of Vermont · 1902
  5. Closner v. ChapinCourt of Appeals of Texas · 1914

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