Burwell v. . Jackson
New York Court of Appeals
Os the 1st day óf June, 1835, an agreement was made, under the hands and seals of the respective parties, between James D. Bemis, Pierre A. Barker, John W. Clark and Boswell W. Haskins, of the first, part, and Arenton J. Douglass <5f the second part, by which the said Bemis and his associates agreed that, on the performance by said Douglass of the covenants on his part, they would “ execute, or cause to be made and executed,, unto the said party of the second part, of…
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Os the 1st day óf June, 1835, an agreement was made, under the hands and seals of the respective parties, between James D. Bemis, Pierre A. Barker, John W. Clark and Boswell W. Haskins, of the first, part, and Arenton J. Douglass <5f the second part, by which the said Bemis and his associates agreed that, on the performance by said Douglass of the covenants on his part, they would “ execute, or cause to be made and executed,, unto the said party of the second part, of his.légal representative or representatives, on the first day of June, 1836, a good, and sufficient deed of conveyance of a…
1Opinion of the CourtSelden, J.
This case will be rendered comparatively simple, by considering, first, what would be the rights of the parties, in case the original vendors had retained their interest in the note, and had themselves obtained the judgment, and filed the creditor’s bill and sued out the attachment in their own names; because if the defendant in the original suit would have had no defence as against them, he can have none as. against the plaintiff Burwell. On the other hand, if we arrive at the conclusion that the defence set up would be good, if the note had been sued and the creditor’s bill filed in the…
2Cases cited10 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Seymour v. DelancyNew York Supreme Court · 1824
- Parker v. ParmeleNew York Supreme Court · 1822
- Frost v. RaymondNew York Supreme Court · 1804
- Clute v. RobinsonNew York Supreme Court · 1807
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Tymon v. LinokiNew York Court of Appeals · 1965
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
47 more not listed; retrieve them via the Exa API.