Ludlow v. McCrea
New York Supreme Court
Error from the Albany mayor’s court. McCrea and others brought an action of covenant in the court below against Ludlow, founded on a sealed instrument, bearing date 9th November, 1815, executed by the plaintiffs, the defendant and ten others, in the words following: “ Whereas we subscribers, being owners' and proprietors of lands . . , . ° _ situate in the patent of Kayaderosseras, have it in contemP^ati°n to commence and prosecute sundry actions of ejectment to recover the…
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Error from the Albany mayor’s court. McCrea and others brought an action of covenant in the court below against Ludlow, founded on a sealed instrument, bearing date 9th November, 1815, executed by the plaintiffs, the defendant and ten others, in the words following: “ Whereas we subscribers, being owners' and proprietors of lands . . , . ° _ situate in the patent of Kayaderosseras, have it in contemP^ati°n to commence and prosecute sundry actions of ejectment to recover the possession of the said lands, and for that purpose hereby appoint James McCrea, Henry Walton and J0*10 & Beekman,…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant in the
court below, the plaintiff in error, pleaded puis darrein continuance, that two of the plaintiffs, since the last continuance, had executed and delivered under their hand and seal to Volkert P. Douw, one of the covenantors set forth in the plaintiff’s declaration, a release ánd discharge from all liability to the plaintiffs aforesaid on said covenant, and of and from all claims and demands of said plaintiffs arising therefrom. To this plea the plaintiffs demur, and assign as a special cause of demurrer, that it was not put in in time.
This is not…
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