Blydenburgh v. Cotheal
The Superior Court of New York City
Appeal from a judgment at special term in favor of the defendant. ® The action was brought to recover damages for an alleged breach of a covenant of warranty in a conveyance made by the defendant D. Cotheal and H. Cotheal, deceased, of lands in Hew Jersey.
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Appeal from a judgment at special term in favor of the defendant. ® The action was brought to recover damages for an alleged breach of a covenant of warranty in a conveyance made by the defendant D. Cotheal and H. Cotheal, deceased, of lands in Hew Jersey. The plaintiff sought to recover as assignee of the covenant: the complaint upon the terms of which the decision partly turned is as follows: The above named plaintiff in this action respectfully shows to this court, that under the date therein stated and for the consideration therein named, the defendant David Cotheal, together with Henry…
1Opinion of the CourtBy the Court. Duer, J.
It is difficult to understand from reading this complaint exactly upon what ground the plaintiff claims to recover; whether upon the ground that the defendant and his brother had only a life estate when they conveyed, and that, the remainder in fee was then vested in third persons, or that by the commission of waste their title and right to the possession were wholly divested. It is quite unnecessary, however, to determine this question, since there is no hypothesis, consistent with the facts in evidence, upon which the defendants can be rendered liable in the present action.
The covenant of…
2Cases cited7 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Webb v. AlexanderNew York Supreme Court · 1831
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Emerson v. Proprietors of a Tract of Land in MinotMassachusetts Supreme Judicial Court · 1805
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Moffat v. StrongsThe Superior Court of New York City · 1861
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900