Bendernagle v. Cocks
New York Supreme Court
Error from the New York common pleas. Cocks sued Bendernagle for breaches of certain covenants on the part of Bendernagle in an indenture of lease executed by him to Cocks. Bendernagle had covenanted to pay the one-third of the manure which should be brought by Cocks upon the demised premises, (a farm) during the term, and also to pay him $25 for ploughing and working a certain lot on the premises during the first year of the term.
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Error from the New York common pleas. Cocks sued Bendernagle for breaches of certain covenants on the part of Bendernagle in an indenture of lease executed by him to Cocks. Bendernagle had covenanted to pay the one-third of the manure which should be brought by Cocks upon the demised premises, (a farm) during the term, and also to pay him $25 for ploughing and working a certain lot on the premises during the first year of the term. Cocks averred that he had brought on manure to the value of $250, and had ploughed the field, but that Bendernagle had refused to perform the covenants on his…
1Opinion of the Court
By the Court,
"Cowen, J.
The point raised by this demurrer has been very fully considered in the course of the conflicting opinions delivered by two of the learned judges in the court below, and the arguments of counsel here. We have been furnished with all the New-York authorities, and nearly all the English which bear upon the point. In respect to separate and independent contracts, the books agree that separate actions, whether the proper form be covenant, assumpsit or debt, may be brought at the pleasure of the party, subject only to the power of the courts to direct them to be consolidated…
2Cases cited8 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Guernsey v. CarverNew York Supreme Court · 1832
- Miller v. CovertNew York Supreme Court · 1828
- Colvin & Van Patten v. CorwinNew York Supreme Court · 1836
- Hite v. LongSupreme Court of Virginia · 1828
3 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Beloit v. MorganSupreme Court of the United States · 1869
- Perry v. . DickersonNew York Court of Appeals · 1881
- Myerle v. United StatesUnited States Court of Claims · 1897
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
80 more not listed; retrieve them via the Exa API.