Stickney v. Stickney
Superior Court of New Hampshire
Covenant. The writ was dated January 11th, 1848. The declaration alleged that the plaintiff, on the 25th day of April, 1827, conveyed to the defendant his homestead farm, situated in Wendell, of the value of one thousand dollars; in consideration whereof the said defendant, by his deed or writing obligatory, sealed with his seal of that date, duly executed, and which being lost could not be produced, covenanted and agreed with the plaintiff, “ that he would support and…
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Covenant. The writ was dated January 11th, 1848. The declaration alleged that the plaintiff, on the 25th day of April, 1827, conveyed to the defendant his homestead farm, situated in Wendell, of the value of one thousand dollars; in consideration whereof the said defendant, by his deed or writing obligatory, sealed with his seal of that date, duly executed, and which being lost could not be produced, covenanted and agreed with the plaintiff, “ that he would support and maintain his father and mother, to wit; the said John Stickney and Judith Stickney, wife of said John Stickney, during their…
1Opinion of the CourtWoods, J.
The form of action adopted in this case, is well enough. Covenant is a remedy recognized by law for the recovery of damages for the breach of a covenant or contract under seal.
It is said, that in general, covenant will not lie on a contract in presentí, 1 Chitty’s PL 115. But the rule certainly has its exceptions, which it is not necessary now to specify. It is the usual remedy upon indenture of apprenticeship. It is common learning, that it lies on articles of agreement under seal, on deeds of separate maintenance, on covenants in deeds of conveyance, and on policies of insurance under seal.…
2Cases cited3 opinions
- M'Ferran v. PowersSupreme Court of Pennsylvania · 1814
- Rand v. RandSuperior Court of New Hampshire · 1828
- Thomas v. LeachMassachusetts Supreme Judicial Court · 1806