Bishop v. Quintard
Supreme Court of Connecticut
This was an action of covenant broken. The declaration contained two counts. In the first, it was alleged, that on the 3rd of May 1833, the defendant, by his deed of that date, sealed with his seal, covenanted with the plaintiff', and bound himself, his executors, administrators and assigns to the plaintiff, that he would, at all times thereafter, keep open a public highway or road, of sixteen feet in width, from the turnpike passing through Stamford, to a landing-place or…
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This was an action of covenant broken. The declaration contained two counts. In the first, it was alleged, that on the 3rd of May 1833, the defendant, by his deed of that date, sealed with his seal, covenanted with the plaintiff', and bound himself, his executors, administrators and assigns to the plaintiff, that he would, at all times thereafter, keep open a public highway or road, of sixteen feet in width, from the turnpike passing through Stamford, to a landing-place or basin which the plaintiff was about to construct, and afterwards did construct, in the defendant’s corner lot adjoining…
1Opinion of the CourtStoRrs, J.
We agree with the counsel for both of the parties in this ease, that the instrument declared on, and of *403which oyer is given, contains two several and distinct covenants; one, that the defendant would keep open, as public - highway, o road of sixteen feet in width, East of the tier of buildings constituting Washington block in Stamford, from the turnpike to a landing-place or basin which the plaintiff' was about to construct in the corner-lot of the defendant, adjoining said block : the other, that the defendant would keep open forever, as public highway, certain other specified ground…
2Cases cited3 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Russell v. RogersNew York Supreme Court · 1836
- Dearborn v. KentNew York Supreme Court · 1835
3Cited by5 opinions
- Underwood v. UnderwoodSupreme Court of Florida · 1868
- Brooks v. SmithTennessee Supreme Court · 1860
- First National Bank v. O'ByrneAppellate Court of Illinois · 1913
- Majestic Theatre Co. v. United Artists CorporationDistrict Court, D. Connecticut · 1930
- Quintard v. BishopSupreme Court of Connecticut · 1860