Hustons v. Winans
New York Supreme Court
This was an action of covenant, tried at the Delaware circuit in September, 1829, before the Hon. Jambs Emott, one of the circuit judges.
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This was an action of covenant, tried at the Delaware circuit in September, 1829, before the Hon. Jambs Emott, one of the circuit judges. The plaintiffs were indebted to the defendant on a bond and mortgage: the defendant was proceeding to foreclose the mortgage, when on the 10th October, 1827, he entered into a covenant with the defendants, that he would not, until the full expiration of five years from that time, seek, have or receive any other indemnity or satisfaction due him on account of the bond and mortgage, than such as might be made out of the mortgaged premises; and that the goods,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge was certainly correct; the commencement of the suit was clearly seeking satisfaction. The defendant offered to prove a promise by the plaintiffs when the covenant was executed, that they would confess a judgment; this was excluded, and properly : the covenant was to be construed by itself, and could not be controlled by any verbal agreement entered into when the covenant was executed.
The damages are said to be excessive, but we cannot say that they are unreasonably high. They are supposed by the defendant to have been enhanced by a remark of the judge,…
2Cited by1 opinion
- Winans v. HustonNew York Supreme Court · 1831