Legal Opinion
Campbell v. Bentley
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1913Published
Appeal by the defendant, Sardius D. Bentley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 1st day of November, 1911, upon the decision of the court, a jury having been waived.
1Opinion of the Court
Kruse, P. J.:
The action is for breach of a covenant for quiet enjoyment contained in a conveyance from defendant to plaintiff’s predecessor in title of certain premises situate in the city of Rochester, and the question presented by this appeal relates to the measure of damages.
The covenant reads as follows:
“And the said Sardius D. Bentley, party of the first part does hereby covenant and agree to and with the said party of the second part, his heirs and assigns, that the premises thus conveyed in the Quiet and Peaceable Possession of the said party of the second part, his heirs and assigns,…
2Cases cited5 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Utica v. GatesAppellate Division of the Supreme Court of the State of New York · 1896
- Hunt v. HayAppellate Division of the Supreme Court of the State of New York · 1913