Emery v. Hitchcock
New York Supreme Court
Demurrer to delavation. The plaintiffs declared on a sealed instrument in writing, executed by both plaintiffs and defendants, beginning in these words; “ This indenture, made the 17th day of February, in the year 1830, between Noah Emery and Nathan Martin, of, &c. of the first part and William Hitchcock and Manna Hart, of, &c. of the second part,” reciting that in July, 1829, Emery and Hitchcock had taken a lease of 50 acres of land of certain persons of the names of…
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Demurrer to delavation. The plaintiffs declared on a sealed instrument in writing, executed by both plaintiffs and defendants, beginning in these words; “ This indenture, made the 17th day of February, in the year 1830, between Noah Emery and Nathan Martin, of, &c. of the first part and William Hitchcock and Manna Hart, of, &c. of the second part,” reciting that in July, 1829, Emery and Hitchcock had taken a lease of 50 acres of land of certain persons of the names of Nichols and Luce, at a specified rent for the term of 3 years and had agreed to purchase the same upon certain conditions ;…
1Opinion of the Court
By the Court,
Nelson, J.
From an examination of the terms of the instrument in this case regarding the subject matter of it, and the various provisions contained in it, I am satisfied the intent of the parties to be gathered from the whole was, to have it operate as to the interest of Emery in the lease, and in the partnership funds as a release or assignment in prcesenti, and that such is its effect, The consideration is to be paid within a fixed time from the date, not from the date of any future release; and the defendant Hitchcock is expressly authorized to settle and collect the…
2Cases cited1 opinion
- Spencer v. FieldNew York Supreme Court · 1833
3Cited by11 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Kirtz v. . PeckNew York Court of Appeals · 1889
- McDowell v. LaevWisconsin Supreme Court · 1874
- Dolph v. ClemensWisconsin Supreme Court · 1856
- International Hotel Co. v. FlynnIllinois Supreme Court · 1909
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