Marvin v. Stone
New York Supreme Court
Action of covenant, tried at the Ontario Circuit, in June, 1822, before his Honor, (the late) Mr. Justice Platt, when a verdict was taken for the plaintiff by consent, subject to the opinion of the Court, on the following case, with liberty to either party to turn the case into a special verdict.
Read the full summary
Action of covenant, tried at the Ontario Circuit, in June, 1822, before his Honor, (the late) Mr. Justice Platt, when a verdict was taken for the plaintiff by consent, subject to the opinion of the Court, on the following case, with liberty to either party to turn the case into a special verdict. The declaration was upon an indenture made by the defendants, as follows: ' “ This indenture made the 17th day of November, 1819, between Simon Stone, 2d, an executor, and Doratha Hopkins, executrix of the last will and testament of Caleb Hop kins, late of Pittsford, in the county of Ontario,…
1Opinion of the Court
Curiq, per Sutherland J.
(after stating the facts.) The case turns upon the construction of the covenant, and the effect and operation of appointing Elliott an executor. There is no dispute as to any material fact. The covenant was not denied, on the argument, to be a personal one upon which the defendants are responsible in their individual character, and not as executors.
1. What, then, is the true construction of the covenant ? It is unnecessary to cite authorities, to show the rule of interpretation, that the whole covenant, with its context, is to be taken into consideration; and that is…
2Cases cited1 opinion
- Thomas v. ThompsonNew York Supreme Court · 1807
3Cited by14 opinions
- Whitehurst v. BoydSupreme Court of Alabama · 1845
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Judge of Probate v. SullowaySupreme Court of New Hampshire · 1896
- Oregon Iron Co. v. TrullengerMultnomah County Circuit Court, Oregon · 1867
- Gaster v. AshleySupreme Court of Arkansas · 1839
9 more not listed; retrieve them via the Exa API.