Grant v. Johnson
New York Supreme Court
Covenant upon an agreement, which is set out at length in 5th Barbour’s Sup. Court Rep. 162, where will be found a report of this case when it was before the court on demurrer to the plaintiff’s declaration. The facts set forth in the pleadings, on which the questions now decided arose, are sufficiently stated in the opinion of the court, which follows.
1Opinion of the Court
By the Court, Parker, J.
When this case came before the court on demurrer to the declaration, on the ground that the plaintiff had not averred the tender or delivery of the deed, we decided that the agreement to pay the installment of $200 on the 1st of April, 1847, was an independent covenant, and gave judgment for the plaintiff, with leave to withdraw the demurrer, and plead on terms. The defendant has now interposed four pleas, only one of which, (the last) concludes to the country. To the first and second pleas the plaintiff has replied, and demurrers are put in to the replications. The…
2Cases cited5 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Goodwin v. HolbrookNew York Supreme Court · 1830
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Kane v. Columbian Insurance Co.New York Supreme Court · 1807
- M'Evers v. Mason, Hodgson & Co.New York Supreme Court · 1813
3Cited by1 opinion
- In re HaakeDistrict Court, D. California · 1872