Fish v. Hubbard's Administrators
New York Supreme Court
This was an action-of covenant, tried at the Oswego circuit in November, 1838, before fhe Hon. Philo Gridley, one of the circuit judges.
Read the full summary
This was an action-of covenant, tried at the Oswego circuit in November, 1838, before fhe Hon. Philo Gridley, one of the circuit judges. Th'e action was commenced on a contract under seal executed by the intestate, Norman Hubbard, in these words :' “ This agreement, made this 12th 'February, 1822, between Norman -Hubbard of the first part and Adam G. Fish of the second part, both of Volney, county of Oswego and state of New York, witnesseth, that the said party of the first part, for and in consideration of the sum of fifty dollars to me in hand paid by the said party of the second part, the…
1Opinion of the Court
By the Court,
Cowen, J.
The learned judge at the circuit, thought the description of the property in the covenant so entirely uncertain, that the instrument was’ inoperative and void. And it is clearly so if «we are bound toj stop with reading it, and cannot go beyond the face of the contract in search of its meaning. Were this a will, 'or deed conveying land, and the reference to the mill dam, carding machine and fulling mill, were used as description of parcels, then it is clear that in its own nature it would refer to some subject matter, in respect to- which we must look out of the…
2Cases cited4 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Schuyler v. Van Der VeerNew York Supreme Court · 1804
3Cited by29 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Waring v. . AyresNew York Court of Appeals · 1869
- Whalen v. StephensIllinois Supreme Court · 1901
24 more not listed; retrieve them via the Exa API.