New York Life Insurance v. Aitkin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 27, 1890, which overruled plaintiff’s exceptions and directed a judgment in favor of /defendant upon a verdict directed by the court, said exceptions having "been ordered to be heard in the first instance by the General Term.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 27, 1890, which overruled plaintiff’s exceptions and directed a judgment in favor of /defendant upon a verdict directed by the court, said exceptions having "been ordered to be heard in the first instance by the General Term. December 3, 1868, Phoebe T. Drew and John G. Drew, her husband, of Elizabeth, New Jersey, executed their bond conditioned for the payment to plaintiff of $4,000, one year-from the date thereof, and as collateral security therefor, at the same time,…
1Opinion of the CourtEarl, J.
The record discloses that the plaintiff was defeated at the Circuit, and the verdict there ordered in favor of the defendant upon the sole ground that he was, by the release executed to him by Gregg, absolutely discharged from the covenant of assumption made by his wife, the testatrix; and the effect of the release is, therefore, the first matter now to be considered.
■ If the question is to be governed by the law of this state, it is entirely clear that the release did not discharge the defendant. The covenant of assumption had, long before the release, come to the notice of the plaintiff,…
2Cases cited9 opinions
- Freeman v. AldersonSupreme Court of the United States · 1886
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Watkins v. . ReynoldsNew York Court of Appeals · 1890
- Cashman v. . HenryNew York Court of Appeals · 1878
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3Cited by20 opinions
- Federal Insurance v. FriesCivil Court of the City of New York · 1974
- Florida Land Holding Corp. v. BurkeNew York Supreme Court · 1929
- Western Union Tel. Co. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1933
- Clark v. FiskUtah Supreme Court · 1893
- Light v. GranatellNew Jersey Superior Court Appellate Division · 1979
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