Ernst v. Bartle
New York Supreme Court
This was an action of covenant, in which the plaintiff declared; “ for that whereas by a certain article of agreement made at the town of Claverack, in the county of Columbia, on the eighth day of October, in the year of our Lord one thousand seven hundred and ninety-one, between John Frederick Ernst of the one part, and Thomas Bucktel in his lifetime, and Henrich Bartle, Jacob Millions, Jacob Gamer, Peter Miller, Fite Roschman, Jacob Roschman, Thomas Lewe, Petrus Silvernail…
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This was an action of covenant, in which the plaintiff declared; “ for that whereas by a certain article of agreement made at the town of Claverack, in the county of Columbia, on the eighth day of October, in the year of our Lord one thousand seven hundred and ninety-one, between John Frederick Ernst of the one part, and Thomas Bucktel in his lifetime, and Henrich Bartle, Jacob Millions, Jacob Gamer, Peter Miller, Fite Roschman, Jacob Roschman, Thomas Lewe, Petrus Silvernail and Jonas Roschman of the other part, which said Thomas Buchtel is now deceased, which said article of agreement,…
1Per curiam
With regard to the two first objections, it is sufficient to observe, that it does not appear from the de*389claration, nor is it shown by the pleadings, that the defendants are a corporation, or capable of being sued as such. The names and additions by which they are described are a mere descriptió pérsonarum, and they remain liable only in their private capacities. Without such a construction, the covenant would be nugatory and void ; *and there [*327] is no reason to adopt a different one. They have affixed their private seals to the instrument, not a corporation seal.
Covenants may be taken…
2Cases cited1 opinion
- Ludlow v. McCreaNew York Supreme Court · 1828
3Cited by8 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Adriatic Fire Insurance v. TreadwellSupreme Court of the United States · 1883
- McArthur v. BoardSupreme Court of Iowa · 1903
- Servant v. McCampbellSupreme Court of Colorado · 1909
- Galloway-Pease Co. v. SabinTennessee Supreme Court · 1914
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