Quackenboss v. Lansing
New York Supreme Court
THIS was an action for a breach of covenant. The declaration stated, that the defendant, on the 8th No•oember, 1791, at Troy, by his deed, -sold and delivered to the plaintiff, a negro female slave, named Nanny, aged about 18 years, for the consideration of 40 pounds, ° J 7 r 7 paid by the plaintiff to the defendant, to have and to hold the said slave to the plaintiff, and his executors for ever ; and that he, the defendant, “ the sale of the said slave to the plaintiff, his…
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THIS was an action for a breach of covenant. The declaration stated, that the defendant, on the 8th No•oember, 1791, at Troy, by his deed, -sold and delivered to the plaintiff, a negro female slave, named Nanny, aged about 18 years, for the consideration of 40 pounds, ° J 7 r 7 paid by the plaintiff to the defendant, to have and to hold the said slave to the plaintiff, and his executors for ever ; and that he, the defendant, “ the sale of the said slave to the plaintiff, his heirs and assigns, against all persons, lawfully claiming any estate, right or title to the said slave, would warrant…
1Per curiam
There is a sufficient assignment of a breach. The covenant was, that the defendant would “ warrant and defend the sale of the negro to the plaintiff, against all persons lawfully claiming any estate, right or title to her.” This is a general covenant of a right to convey, and the plaintiff avers, that the defendant had no such right, because the negro was free. The defendant was to warrant and defend the sale, whereas, by the averment, it appears that the sale was null and void, and nothing passed by it. The demurrer is grounded on a mere quibble upon the words of the covenant. If she is…
2Cited by9 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Sievers v. BrownOregon Supreme Court · 1899
- Sandford v. HalseyNew York Supreme Court · 1845
- Cole v. HawesNew York Supreme Court · 1801
- Doyle v. O'NeilMissouri Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.