Ponvert v. Belmont
The Superior Court of New York City
This action is a part of the litigation growing out of the agreement, in substance set forth in Belmont v. Ponvert (35 N. Y. Super.
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This action is a part of the litigation growing out of the agreement, in substance set forth in Belmont v. Ponvert (35 N. Y. Super. Ct. 208). It is based on the mutual covenant contained in that agreement, that the Dempsey suit “ should be litigated at the joint and equal expense of Shelton & Ponvert and Belmont, and that each should pay and bear one-half of all costs and counsel fees that had been incurred, and paid by Shelton and Ponvert and Chastelain and Ponvert since the defense thereof was assumed by said Chastelain and Ponvert, and also all counsel fees and expenses thereafter to…
1Opinion of the Court
By the Court.—Speir, J.
There was no property out of which this large indebtedness could be obtained, except the premises which were claimed by Mrs. Dempsey in the suit brought against Tylee. It was important, therefore, to sustain the title as the only source from which payment could be had. Ponvert and Shelton, and Chastelain & Ponvert were, at the time the agreement was executed, actually engaged in defending the Dempsey suit for the purpose of establishing Tylee’s title. The several parties holding these claims made common cause for the sake of preserving their several liens in their…
2Cases cited2 opinions
- Belmont v. Elias PonvertNew York Court of Appeals · 1876
- Belmont v. PonvertThe Superior Court of New York City · 1873