Provost v. Calder
New York Supreme Court
This was an action of covenant, tried at the Greene circuit,in September, 1825, before the Hon. William A. Du-er, one of the circuit judges. ■* ° The plaintiff claimed to recover three years’ rent as due upon a lease executed by Augustin Provost to Josiah Bid-well, whose estate, it was alleged, had come to the defendant by assignment.
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This was an action of covenant, tried at the Greene circuit,in September, 1825, before the Hon. William A. Du-er, one of the circuit judges. ■* ° The plaintiff claimed to recover three years’ rent as due upon a lease executed by Augustin Provost to Josiah Bid-well, whose estate, it was alleged, had come to the defendant by assignment. In the declaration, it was alleged that Augustin Provost was seized in his demesne as of fee of certain messuages, tenements and freehold, and being so seized, he conveyed the same in fee to one Eleazer Knowles, reserving to himself, his heirs and assigns, the…
1Opinion of the Court
By the Court, Savage, Ch. J.
It was objected on the argument, that as there was, properly speaking, no general issue in covenant, no evidence could be given under the notice subjoined to the plea of non est factum. But this mode of pleading has been long used, and as there is no plea more appropriate, we have permitted it. Unless this plea be considered the general issue for the purpose of attaching to it a notice, the defendant in covenant must always plead specially. This question was raised and discussed, and decided in the case of Demarest v. Willard, (8 Cowen, 206,) though not noticed in…
2Cases cited1 opinion
- Pickering v. StaplerSupreme Court of Pennsylvania · 1819
3Cited by17 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Webster v. NicholsIllinois Supreme Court · 1882
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Wilklow v. LaneNew York Supreme Court · 1862
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