Cowdrey v. Coit
The Superior Court of New York City
This was an action upon a bond given by the defendant upon the purchase of certain land in Brooklyn, to secure payment of the purchase money thereof, of which bond the plaintiff was assignee. Such premises were conveyed in fee by the seller, who was the obligee in such. bond, (Hawke,) to the defendant -by a deed with covenants of seisin, for quiet enjoyment, against incumbrances, for further assurance, and with warranty.
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This was an action upon a bond given by the defendant upon the purchase of certain land in Brooklyn, to secure payment of the purchase money thereof, of which bond the plaintiff was assignee. Such premises were conveyed in fee by the seller, who was the obligee in such. bond, (Hawke,) to the defendant -by a deed with covenants of seisin, for quiet enjoyment, against incumbrances, for further assurance, and with warranty. They were, when so conveyed, subject jointly with other premises to a prior mortgage not mentioned in such deed. Upon a subsequent foreclosure of such mortgage both parties…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The liability of the defendant in this action depends entirely upon that of the obligee of the bond, which forms its subject, upon his covenants contained in’ the conveyance by him in the defendant, which formed the consideration of such bond. If, upon any of such covenants, the obligee. in such bond was liable to refund the whole amount of purchase moneys with interest and expenses, the defendant would, of course, not be liable at. all upon a bond which formed the consideration, for-such conveyance; but.if such obligee were liable on such covenants, for a less…
2Cases cited5 opinions
- Kent v. WelchNew York Supreme Court · 1810
- Waldron v. M'CartyNew York Supreme Court · 1808
- Hall v. DeanNew York Supreme Court · 1816
- Platt v. GilchristThe Superior Court of New York City · 1849
- De Forest v. LeeteNew York Supreme Court · 1819
3Cited by2 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857