Blain v. Taylor
New York Supreme Court
Demurrer to complaint. The complaint showed, 1st. That on the 16th day of April, 1864, the defendants agreed to sell to the plaintiffs a certain farm in South Dover, Dutchess County, N. Y., “ adjoining the New York and Harlem Railroad, free from all encumbrances except as to a mortgage,” &c.
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Demurrer to complaint. The complaint showed, 1st. That on the 16th day of April, 1864, the defendants agreed to sell to the plaintiffs a certain farm in South Dover, Dutchess County, N. Y., “ adjoining the New York and Harlem Railroad, free from all encumbrances except as to a mortgage,” &c. That on examining title, plaintiffs found recorded “a covenant and agreement made by Robert L. Reade (a former owner of said premises) with the New York and Harlem Railroad Company, dated, April 24, 1851, by which he, in consideration of the sum of two dollars per rod, &e., did for himself, his' heirs,…
1Opinion of the CourtClerks, J.
Undoubtedly, although a covenant is made by one for “ himself and his assigns,” yet if the thing to be done is merely collateral, and in no respect concerns the land, an assignee is not bound. For instance, if a lessor covenants in the lease to build a house upon other land than his, or to grind at the lessor’s mill, according to the custom, all the corn, grain, or malt which the lessee may have occasion to use or spend, these covenants are not binding on the grantee or assignee.
Where a lessee covenanted for himself, his executors, administrators, and assigns, not to hire persons to work in…
2Cases cited1 opinion
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
3Cited by7 opinions
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Hazlett v. SinclairIndiana Supreme Court · 1881
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Countryman v. DeckNew York Supreme Court · 1883
- Satterly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1906
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