Morris v. Wadsworth
New York Supreme Court
This was an action of covenant, tried at the Ontario circuit in June, 1834, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of covenant, tried at the Ontario circuit in June, 1834, before the Hon. Daniel Moseley, one of the circuit judges. The suit was commenced in August, 1829. The declaration contains two counts; in the first of which the plaintiff declares, that on the 17th August, 1800, the defendant executed a deed poll, whereby, after reciting that in the division of sundry lots of land in the county of Ontario, whereof tlie plaintiff and defendant were tenants in common, it was agreed that the plaintiff should retain a certain lot of land known as lot No. 47, &c., which was conveyed by…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
This case has heretofore been before the court upon demurrer (11 Wendell, 100), and if the opinion then expressed in respect to the legal operation and effect of the covenant upon which the suit is brought was correct, there is scarcely any thing left upon this record for decision beyond several exceptions raised in the progress of the trial, *66which do not involve the merits. We then decided that legal proceedings against 0. Phelps, for the purpose of obtaining recompense provided for in the deed, were not a condition precedent to the liability of the defendant;…
2Cases cited2 opinions
- Borst v. GriffinNew York Supreme Court · 1832
- Kimball v. HuntintonNew York Supreme Court · 1831
3Cited by9 opinions
- Mott v. SmithCalifornia Supreme Court · 1860
- McCarney v. . People of the State of N.Y.New York Court of Appeals · 1881
- Ontario Bank v. SchermerhornNew York Court of Chancery · 1843
- Godbe v. YoungUtah Supreme Court · 1876
- Hoyt v. JacksonNew York Surrogate's Court · 1884
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