Cadmus v. Fagan
Supreme Court of New Jersey
The writ of error brings up a judgment of the Hudson Circuit, in an action on a covenant against encumbrances contained in a conveyance of lands in the city of Bayonne, dated September 26th, 1872. The cause was tried without a jury and upon facts agreed on. The following thus appeared: A.t the date of the conveyance an assessment for the expense of opening a street, which had been laid on the lands- and was confirmed September 28th, 1871, remained unpaid.
Read the full summary
The writ of error brings up a judgment of the Hudson Circuit, in an action on a covenant against encumbrances contained in a conveyance of lands in the city of Bayonne, dated September 26th, 1872. The cause was tried without a jury and upon facts agreed on. The following thus appeared: A.t the date of the conveyance an assessment for the expense of opening a street, which had been laid on the lands- and was confirmed September 28th, 1871, remained unpaid. In 1877 the assessment was removed to the Supreme Court by certiorari. On November 12th, 1877, it was vacated as-to the prosecutors of the…
1Opinion of the Court
*551The opinion of the court was delivered by
Magie, J.
The conclusions reached by the Supreme Court in its advisory opinion were: 1. That the covenant on which the action was brought was broken when made by the existence of the original assessment unpaid ; and 2. That the plaintiff below (the defendant in error) was entitled to recover not merely nominal, but actual damages, measured by the amount agreed to have been paid on the assessment imposed after the vacation of the original assessment.
The correctness of the first conclusion has not been and cannot be disputed.
The second conclusion is the…
2Cases cited1 opinion
- Heine v. Levee CommissionersSupreme Court of the United States · 1874
3Cited by8 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Tuskegee Land & Security Co. v. Birmingham Realty Co.Supreme Court of Alabama · 1909
- Green v. TidballWashington Supreme Court · 1901
- Everett v. MarstonSupreme Court of Missouri · 1905
- Bailey v. LevySupreme Court of Alabama · 1925
3 more not listed; retrieve them via the Exa API.