Rider v. Pond
New York Court of Appeals
Appeal from the Supreme Court. Action, upon a written agreement, by which the defendant undertook to execute and deliver to E. 0. Eoberts & Co., for the benefit of the plaintiffs, an assignment of certain policies of insurance to be effected by him, and a chattel mortgage; which, it was alleged, he had failed to do.
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Appeal from the Supreme Court. Action, upon a written agreement, by which the defendant undertook to execute and deliver to E. 0. Eoberts & Co., for the benefit of the plaintiffs, an assignment of certain policies of insurance to be effected by him, and a chattel mortgage; which, it was alleged, he had failed to do. The pleadings admitted the execution and delivery of certain written agreements, as followsOn the 30th May, 1850, an agreement was executed between the plaintiffs, who composed the firm of W. Eider & Brothers, and Lóuis S." Bobbins, of the first part, and E. Gr. Eoberts and S. E.…
1Opinion of the CourtDenio, J.
The action was brought on the express contract of the defendant, by which he undertook, in consideration of the assignment to him, to execute to E. Gr. Roberts & Co., for the benefit of the plaintiffs, a chattel mortgage for $10,000, and an assignment of a policy of insurance upon the property mortgaged. The defendant’s obligation, and his duty to the plaintiffs to perform these acts, is established by the written instrument which he is shown to have executed; and as he confessedly had not performed the agreement, the plaintiffs were entitled to a verdict, unless one or both of the positions…
2Cases cited1 opinion
- Jackson ex dem. Van Rensselaer v. CollinsNew York Supreme Court · 1814
3Cited by3 opinions
- Terwilliger v. . BrownNew York Court of Appeals · 1870
- Northern Pac. R. v. KindredU.S. Circuit Court for the District of Minnesota · 1881
- Kroll v. CoachOregon Supreme Court · 1904