Salisbury v. Philips
New York Supreme Court
THIS was an action of covenant. The declaration was on the following instrument, executed by Jacob Philips, the ancestor, in his lifetime, to the plaintiff’s testator: “ For and in consideration of the sum of 12Z. to me in hand paid, by Abraham Salis- * v burn, I do hereby assign over to him and his assigns, for ever, all * the estate, right and interest, which I have in the lands described in the within lease; upon this condition, if I shall pay to the said Abraham…
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THIS was an action of covenant. The declaration was on the following instrument, executed by Jacob Philips, the ancestor, in his lifetime, to the plaintiff’s testator: “ For and in consideration of the sum of 12Z. to me in hand paid, by Abraham Salis- * v burn, I do hereby assign over to him and his assigns, for ever, all * the estate, right and interest, which I have in the lands described in the within lease; upon this condition, if I shall pay to the said Abraham Salisbury, by the 1st of October next, the aforesaid •77 ■' _ 7 sum of 12Z. with interest, then this assignment to be void,…
1Per curiam
An action óf covenant for the non-payment of money will not lie upon the assignment of the lease, because the assignment contains no covenant for the payment of money. The ■assignment only contains a condition for the benefit of the assignor, that he might redeem the lease by such a day, on payment of the money, and if he elected not to do this, the assignee was to sell the lease and pay himself. This was the only remedy prescribed' for the assignee, and the assignor entered into no personal covenant to pay the money. The cases of Briscoe v. King, (Cro. Jac. 281.) of Suffield v. Baskervil, (2…
2Cited by9 opinions
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- Pullman v. . CorningNew York Court of Appeals · 1853
- Coleman v. RensselaerNew York Supreme Court · 1873
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