Taylor v. . Barnes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming .a judgment in favor of plaintiff, entered upon the report of a referee. • ■ This action was brought for an alleged breach of a contract of indemnity executed by defendants. ' The referee found in substance the following facts: In 1852 the People of the State, through the state engineer, sold to defendants certain premises in the city of Syracuse, and said state…
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming .a judgment in favor of plaintiff, entered upon the report of a referee. • ■ This action was brought for an alleged breach of a contract of indemnity executed by defendants. ' The referee found in substance the following facts: In 1852 the People of the State, through the state engineer, sold to defendants certain premises in the city of Syracuse, and said state engineer executed and delivered to defendants a certificate therefor, which recited, among other things, that certain payments…
1Opinion of the CourtAllen, J.
Whether the contract of indemnity was by deed or by simple contract is not material. It was broken by the eviction of the plaintiff some two years before the trial, and the six years’ limitation prescribed by statute for the bringing of actions upon promises had not therefore run. The statute commenced to run from the time of the eviction; but the objection was not taken at the trial, that the instrument was not under seal; had it been taken, the attention of the witnesses would have been called to it, and the fact more distinctly proved than it was, although from the evidence it was, without…
2Cases cited3 opinions
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- Brinckerhoff v. PhelpsNew York Supreme Court · 1857
- Fletcher v. ButtonNew York Supreme Court · 1849
3Cited by13 opinions
- St. Pius X House of Retreats v. CAMDEN DIOCESE NJSupreme Court of New Jersey · 1982
- Hymes v. . EstyNew York Court of Appeals · 1892
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
- Kelly v. SimonCourt of Appeals of Texas · 1924
- Pasewalk v. BollmanNebraska Supreme Court · 1890
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