Durnherr v. . Rau
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 2, 1891, which affirmed an order entered upon the minutes, setting aside a verdict in favor of plaintiff and granting a new trial. This was an action to recover damages for an alleged breach of covenant in a deed from Emanuel Durnherr, plaintiff’s husband, to defendant. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 2, 1891, which affirmed an order entered upon the minutes, setting aside a verdict in favor of plaintiff and granting a new trial. This was an action to recover damages for an alleged breach of covenant in a deed from Emanuel Durnherr, plaintiff’s husband, to defendant. The facts, so far as material, are stated in the opinion. The court was in error in judging that a legal debt or duty from the promisee to the third person, for whose avowed benefit the promise is made, is necessary to enable…
1Opinion of the CourtAjsdrews, J.
The deed from Emanuel Durnherr to the defendant recited that it was given in payment of a debt owing by the grantor to the grantee of $660, “ and the further considerations expressed herein.” The grantee covenanted in the deed to pay all incumbrances on the premises “ by mortgage or otherwise.” This constitutes the only “further consideration” on his part expressed therein. The deed also declared that the wife of the grantor (the plaintiff) reserved her right of dower in the premises. The conveyance contained a covenant of general warranty by the grantor, and the only legal operation of the…
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