Wolfe v. Washburn
New York Supreme Court
Covenant on a sealed agreement, dated August 14th, 1824, reciting that Washburn had occupied for three years, certain land of which oneHallenbeck died siezed ; and that Washburn also occupied it at the date of the agreement, at $58 rent for the first, and $65 for the two last years ; that half this rent was claimed by one More ; that Hallenbeck left an infant son and a widow, who married the plaintiff.
Read the full summary
Covenant on a sealed agreement, dated August 14th, 1824, reciting that Washburn had occupied for three years, certain land of which oneHallenbeck died siezed ; and that Washburn also occupied it at the date of the agreement, at $58 rent for the first, and $65 for the two last years ; that half this rent was claimed by one More ; that Hallenbeck left an infant son and a widow, who married the plaintiff. The defendants then covenanted by this agreement with the plaintiff, as w ell on behalf of the heir at law and the widow, his wife, as in his own behalf, that within six months from the date,…
1Opinion of the Court
Curia, pe?'
Woodworth, J.
(after staling the facts.) It is urged that, as a guardian had been appointed for the heir of Hallenbech, the plaintiff cannot sustain the action. The plaintiff stands in the relation of trustee, and must, Undoubtedly, account with the guardian ; but with this, *265! apprehend, the defendants have no concern. They are bound to pay the plaintiff in the terms of their covenant.
In point of fact, it appears from the evidence, that the jury did allow, as a set off to the defendants before the justice, the rent, or a part of the rent, secured by the covenant. But it also appears…
2Cited by9 opinions
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Martin v. . KunzmullerNew York Court of Appeals · 1867
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Roberts v. DruillardMichigan Supreme Court · 1900
- Jackson v. CombsNew York Supreme Court · 1827
4 more not listed; retrieve them via the Exa API.