Chamberlin v. Graves
New York Supreme Court
Error to the Ontario common pleas. Graves sued the plaintiffs in error before a justice of the peace, and declared upon a promissory note payable to Samuel Case or bearer for $45, dated April 15th, 1833. The defendants pleaded, that the note was given by them to secure the payment of rent reserved in a lease bearing even date therewith, executed to the defendant, Chamberlin, by Case, the payee of the note—that by the lease Case let to Chamberlin, • for one year, a certain…
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Error to the Ontario common pleas. Graves sued the plaintiffs in error before a justice of the peace, and declared upon a promissory note payable to Samuel Case or bearer for $45, dated April 15th, 1833. The defendants pleaded, that the note was given by them to secure the payment of rent reserved in a lease bearing even date therewith, executed to the defendant, Chamberlin, by Case, the payee of the note—that by the lease Case let to Chamberlin, • for one year, a certain farm in Canandaigua, and covenanted to deliver possession of the same to him free of all incumbrances, and to defend him…
1Opinion of the Court
By the* Court,
Nelson, Ch. J.
The counsel for the plaintiff in error seeks to distinguish this case from numerous others in this court which determine that a breach of the covenant of warranty can be proved only by an eviction in due course of law,(a) on the ground that the issue here joined does not call for any such proof. The plea avers title in Seymour at the time of the execution of the lease, which is not denied ; it also avers that, by virtue of such title, he took possession of the premises, and lawfully prevented the lessee from the enjoyment of them: this is denied by the replication.
I…
2Cases cited3 opinions
- Webb v. AlexanderNew York Supreme Court · 1831
- Lansing v. Van AlstyneNew York Supreme Court · 1829
- People v. HaddockNew York Supreme Court · 1834