Legal Opinion

Hallenbeck v. Dewitt

New York Supreme Court

Decided November 15, 1807PublishedCited by 10 opinions

This was an action of covenant. The declaration was. on a covenant by the defendant, as lessee, on a lease ma(le between him and one Jacob Hallenbeck, now deceased, who bad, before his death, conveyed the rever-&'ion of the demised premises to the wife of Hallenbeck, one the plaintiffs.

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This was an action of covenant. The declaration was. on a covenant by the defendant, as lessee, on a lease ma(le between him and one Jacob Hallenbeck, now deceased, who bad, before his death, conveyed the rever-&'ion of the demised premises to the wife of Hallenbeck, one the plaintiffs. The defendant pleaded the general issue, and gave notice that he should prove, that üe. hRd Paid the rent, to Jacob Hallenbeck in his life-time, anct since his death, to his executors, before any notice ofthe conveyance to Mrs. Hallenbeck, one of the plaintiffs. On the 14th of June, 1802, Jacob Hallenbeck…

1Opinion of the CourtSpenceR, J.

The. defendant obtained a verdict in this case against the charge ofthe judge who presided at the trial, and it is now a question, whether that verdict is supported by the evidence.

The defendant relies on two considerations to retain the verdict : 1. That Jacob N. Hollenbeck (under whose deed the rent and reversion of the lands leased to the defendant, áre claimed as having passed to the plaintiff’s wife) was illiterate, and the deed was not read to him before execution : 2. That there was fraud in obtaining it. There is no proof that the deed was read, and it is certain that the grantor was…

2Cases cited1 opinion

  1. Jackson ex dem. Tracy v. HaynerNew York Supreme Court · 1815

3Cited by10 opinions

  1. Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
  2. St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
  3. Roach v. KarrSupreme Court of Kansas · 1877
  4. Wood v. PerryNew York Supreme Court · 1847
  5. Goodrich v. SandersonAppellate Division of the Supreme Court of the State of New York · 1898

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