Mygatt v. . Coe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to recover damages for an alleged breach of covenants.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to recover damages for an alleged breach of covenants. On the 15th day of February, 1856, Ebenezer L. ¡Roberts acquired through Charles • Leech, a referee, an unincumbered estate, in fee simple, in the premises described in the complaint, and, to secure the payment of $5,500 of the purchase-price, executed and delivered on that…
1Opinion of the Court
Follett, Ch. J.
Mrs. Fisher, had she been evicted and brought her action in the life-time of Mrs. Ooe, could have recovered her damages of this defendant, because he had covenanted directly with her, under his seal, that he would indemnify her for the damages sustained by an eviction. Though Mrs. Ooe died before this action was begun, the question of the liability of a surviving joint, contractor (Risley v. Brown, 67 N. Y. 160; Randall v. Sackett, 77 id. 480) is not raised by the record, and it was conceded on the argument in this, court that it does not appear whether the defendant received…
2Cases cited10 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Mott v. . PalmerNew York Court of Appeals · 1848
- Greenby v. WilcocksNew York Supreme Court · 1806
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Panhandle & S. F. Ry. Co. v. WigginsCourt of Appeals of Texas · 1942
- Behrens v. SkellyCourt of Appeals for the Third Circuit · 1949
- Geiszler v. . De GraafNew York Court of Appeals · 1901
32 more not listed; retrieve them via the Exa API.