Winans v. Huston
New York Supreme Court
Demurrer to plea. The declaration is in debt on bond, dated 1st February, 1826, conditioned for the payment of a sum of money, on or before 1st June, 1827. The suit was commenced in October, 1828.- The defendants pleaded, in bar of a recovery, that on the 10th October, 1827, the plaintiff entered into an agreement under seal, w'hereby he covenanted with the defendants that he would not, until the full expiration of five years from the date thereof, seek, have, or receive any…
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Demurrer to plea. The declaration is in debt on bond, dated 1st February, 1826, conditioned for the payment of a sum of money, on or before 1st June, 1827. The suit was commenced in October, 1828.- The defendants pleaded, in bar of a recovery, that on the 10th October, 1827, the plaintiff entered into an agreement under seal, w'hereby he covenanted with the defendants that he would not, until the full expiration of five years from the date thereof, seek, have, or receive any other indemnity or satisfaction, on account of a certain bond and mortgage theretofore executed by the defendants to…
1Opinion of the Court
By the Court,
Maeoy, J.
A question of construction is raised on the agreement pleaded by the defendants. Is the bringing of an action on the bond a violation of the covenant not to seek, have, or receive satisfaction or indemnity for the debt due to the plaintiff? To say- that it is not, it appears to me, would be to disregard that cardinal rule of construction which directs us to look for, and be guided by the intentions of the parties. The plaintiff must have understood, or, at all events, he must have been satisfied, that the defendants understood, that he was not for five years to look…
2Cases cited1 opinion
- Hustons v. WinansNew York Supreme Court · 1830
3Cited by7 opinions
- Robinson v. GodfreyMichigan Supreme Court · 1852
- Brown v. CoddingtonNew York Supreme Court · 1893
- Guard v. WhitesideIllinois Supreme Court · 1851
- Morgan v. ButterfieldMichigan Supreme Court · 1855
- Blair v. ReidTexas Supreme Court · 1857
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