Webb v. Pond & Lansing
New York Supreme Court
Demurrer to declaration. On 24th December, 1S35, the defendants entered into a covenant with the plaintiff, whereby, after reciting that the plaintiff had by deed conveyed to Pond a house and lot in Auburn, upon which the plaintiff had executed to one Watson a mortgage bearing date on, &c. to secure the payment of $1084, and that Pond had purchased the premises subject to- the incumbrance of such mortgage, and had agreed to assume the payment of the same and save harmless…
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Demurrer to declaration. On 24th December, 1S35, the defendants entered into a covenant with the plaintiff, whereby, after reciting that the plaintiff had by deed conveyed to Pond a house and lot in Auburn, upon which the plaintiff had executed to one Watson a mortgage bearing date on, &c. to secure the payment of $1084, and that Pond had purchased the premises subject to- the incumbrance of such mortgage, and had agreed to assume the payment of the same and save harmless the plaintiff from his liability thereon, and on the bond accompanying the same, the defendants covenanted to indemnify…
1Opinion of the Court
By the Court,
Bronson, J.
The covenant is not simply to indemnify and save harmless against the bond, but it is to indemnify and save harmless the plaintiff from his liability on the bond. The breach assigned not only shows that the plaintiff became liable on the bond, but that being liable, he has been called upon, and forced and obliged to pay, and has actually paid the sum, which he seeks to recover. There can be no doubt that the breach is sufficient. The plaintiff was not bound to wait until he was sued on the bond; he had the right to pay the money, and then resort to the covenant for his…
2Cases cited1 opinion
- Chace v. HinmanNew York Supreme Court · 1832
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