Gray v. Crosby
New York Supreme Court
THIS was an action of covenant tried at the Putnam circuit, the 2d of November, 1819, before Mr. Justice Yates, The action was brought on an agreement between the parties, under their hands and seals, dated the 6 th of April. 1818, reciting that the plaintiff gave to William Wails a bone! and mortgage for 5,000 dollars, the payment of which was secured by the land and premises in Paterson on which the plaintiff lived, and by land of the plaintiff in Paulings, called the…
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THIS was an action of covenant tried at the Putnam circuit, the 2d of November, 1819, before Mr. Justice Yates, The action was brought on an agreement between the parties, under their hands and seals, dated the 6 th of April. 1818, reciting that the plaintiff gave to William Wails a bone! and mortgage for 5,000 dollars, the payment of which was secured by the land and premises in Paterson on which the plaintiff lived, and by land of the plaintiff in Paulings, called the Burdock place, and the land of the plaintiff in Kent, called the Patty Wixon place, which bond and mortgage had been duly…
1Opinion of the CourtWoodworth, J.
The principal question in this cause, arises on the construction of that part of the covenant declared on, which is contained in the -following words : “It is further agreed, that if either of the parties to. this agreement, shall refuse to fulfil this agreement, according to its true meaning and intent, the party refusing shall pay to the other party the sum of 500 dollars, which shall be considered as liquidated dama-gesJ’’ On the part of the defendant, it is admitted, that he is liable to pay 500 dollars, and on the payment of that sum, it is contended, the parties are placed in the same…
2Cited by13 opinions
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- Niver v. RossmanNew York Supreme Court · 1853
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