Bogart v. De Bussy
New York Supreme Court
THIS was an action for a breach of covenant. The . declaration stated, that by an agreement, made the 7th March, 1807, between the parties, the plaintiffs, as attorneys to Simon Laurentius, in consideration of 3,130 dollars, to be paid by the defendant, to the plaintiffs, as follows, viz. 1,565 dollars on or before the first of May „ J next ensuing, and the residue to be secured by bond and . , . , r , mortgage, payable m two annual payments, from the 1st of May, agreed to…
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THIS was an action for a breach of covenant. The . declaration stated, that by an agreement, made the 7th March, 1807, between the parties, the plaintiffs, as attorneys to Simon Laurentius, in consideration of 3,130 dollars, to be paid by the defendant, to the plaintiffs, as follows, viz. 1,565 dollars on or before the first of May „ J next ensuing, and the residue to be secured by bond and . , . , r , mortgage, payable m two annual payments, from the 1st of May, agreed to execute a good and sufficient conveyance jn the law, to the defendant, of the farm jn possession of 'Jan Muer, in…
1Per curiam
The agreement upon which the suit is brought, was made with the plaintiffs, as attorneys for Simon Laurentius, and they executed it as attorneys. If the covenant is to be considered as made with Laurentius, the principal, the suit ought to have been brought in his name. If, however, it is to be considered as made by, and with the attorneys, in their" own names, as attorneys, then the whole agreement is void, and no' action can be maintained upon it. (Frontin v. Small, 2 Ld. Raym. 1418. Com. Dig. tit. Attorney, c. 14.) So that, quacunque via data, judgment must be for the defendant."
Judgment…
2Cited by11 opinions
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- Stone v. WoodNew York Supreme Court · 1827
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
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