Houghtaling v. Lewis
New York Supreme Court
THIS was an action of covenant. The cause was tried at the Chenango circuit, in September, 1812, before Mr. Justice Van Ness, when a verdict was taken for the plaintiff, by consent, for 73 dollars and 13 cents, subject to the opinion of the court on the following case: The defendant stated that by articles of agreement between the plaintiff and defendant, dated the 23d of September, 1809, the defendant covenanted, for the consideration of two thousand dollars, to convey to…
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THIS was an action of covenant. The cause was tried at the Chenango circuit, in September, 1812, before Mr. Justice Van Ness, when a verdict was taken for the plaintiff, by consent, for 73 dollars and 13 cents, subject to the opinion of the court on the following case: The defendant stated that by articles of agreement between the plaintiff and defendant, dated the 23d of September, 1809, the defendant covenanted, for the consideration of two thousand dollars, to convey to the plaintiff, by the 1st of April ensuing, by a full, complete and warranty deed, the farm and premises then occupied by…
1Opinion of the CourtThompson, J.
This being a case by consent of parties, subject to the opinion of the court, matters of fact as well as of law are submitted to our determination. And according to my view of the case, there are several grounds upon which the defendant is entitled to judgment. The defendant, by his third plea, alleges that the deed executed by himself and wife, was delivered to the plaintiff, and accepted by him, in full performance, satisfaction and discharge of the covenants of the defendant, contained in the articles of agreement} upon which issue was joined. Whether this was a good plea or not, is a…
2Cited by19 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Martin v. HamlinMichigan Supreme Court · 1869
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Carter v. BeckSupreme Court of Alabama · 1867
- Levin v. CookCourt of Appeals of Maryland · 1946
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