Van Rensselaer v. Secor
New York Supreme Court
THE plaintiff alleges in his complaint that on the 22d day of September, 1792, Stephen Van Rensselaer granted, bargained, sold, remised, released and confirmed to one Timothy Cooper a certain farm of about 176 acres of land in Berne, Albany county. That the said Cooper covenanted for himself, his heirs and assigns, to deliver to the grantor thirty skipples of wheat and four fat fowls, and to perform one day’s service with carriage and horses for his vendor annually.
Read the full summary
THE plaintiff alleges in his complaint that on the 22d day of September, 1792, Stephen Van Rensselaer granted, bargained, sold, remised, released and confirmed to one Timothy Cooper a certain farm of about 176 acres of land in Berne, Albany county. That the said Cooper covenanted for himself, his heirs and assigns, to deliver to the grantor thirty skipples of wheat and four fat fowls, and to perform one day’s service with carriage and horses for his vendor annually. The plaintiff claims to be the assignee of the covenants of the purchaser under that deed, and alleges that the defendant was a…
1Opinion of the Court
By the Court,
Hogeboom, J.
The fundamental propositions on which the defendant relies to bar the plaintiff’s recovery, have all been considered and held untenable in the cases of Main v. Green, and Main v. Davis,(a) and need not be reconsidered. Those peculiar to this case may be briefly disposed of.
1. It is alleged that the plaintiff failed to show a delivery of the deed whereon he seeks to recover. The execution of the deed was duly proved, and it was read in evidence without objection. That included the question of delivery, and the objection at the close of the case came too late. The…
2Cases cited2 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Berley v. RampacherThe Superior Court of New York City · 1856
3Cited by5 opinions
- Greene v. County of NiagaraNew York Court of Appeals · 1901
- Whitmore v. LearnedSupreme Judicial Court of Maine · 1879
- In re the Estate of KiamieNew York Surrogate's Court · 1938
- Board of Commissioners v. HarveyNew York Supreme Court · 1870
- In re the Estate of RayNew York Surrogate's Court · 1930