Grant v. Johnson
New York Supreme Court
This was an action of covenant, on an agreement of which the following is a copy: “Articles of agreement, made and agreed upon the twenty-fourth day of August, in the year one thousand eight hundred and forty-five, between Robert Y. Grant, of the town of Neversink, and John Johnson, of the town aforesaid, of the second part, witnesseth, that the said party of the first part for the consideration of the sum of nine hundred and fifty dollars, to be paid as follows, to wit, two…
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This was an action of covenant, on an agreement of which the following is a copy: “Articles of agreement, made and agreed upon the twenty-fourth day of August, in the year one thousand eight hundred and forty-five, between Robert Y. Grant, of the town of Neversink, and John Johnson, of the town aforesaid, of the second part, witnesseth, that the said party of the first part for the consideration of the sum of nine hundred and fifty dollars, to be paid as follows, to wit, two hundred to be paid on the first day of April next, two hundred dollars to be paid on the first day of April, 1847, the…
1Opinion of the Court
By the Court, Parker, J.
I think the defendant's counsel is mistaken in supposing that this case falls within the rule stated in the second subdivision of Sergeant Williams’ note to Pordage v. Cole, (1 Saund. Rep. 320.) I understand that rule only |o be applicable, where the act to be done, and the payment of the money afterwards to be made, form each the entire consideration for the other. Such was the case in Dey v. Dix, (9 Wend. 133,) where this rule was applied, and I do not find that it has ever been extended further. A different rule prevails where the covenant sued on is but a part of…
2Cases cited9 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Dey v. DoxNew York Supreme Court · 1832
- Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
- Goodwin v. HolbrookNew York Supreme Court · 1830
- Cunningham v. MorrellNew York Supreme Court · 1813
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3Cited by1 opinion
- Pepper v. HaightNew York Supreme Court · 1854