Beach v. . Crain
New York Court of Appeals
In December, 1846, William C. Crain sued Isaac K. Beach and Henry M. Beach in a justice’s court in Herkimer county, and declared upon a covenant contained in an instrument executed between the parties in the words following, viz.: “ For value received of Henry M. Beach and Isaac K. Beach, and Abram Van Horn, I, William C. Crain, do hereby grant, release and convey to the said Henry M. Beach, Isaac K. Beach, and Abram Van Horn, and to their heirs and assigns forever, a right…
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In December, 1846, William C. Crain sued Isaac K. Beach and Henry M. Beach in a justice’s court in Herkimer county, and declared upon a covenant contained in an instrument executed between the parties in the words following, viz.: “ For value received of Henry M. Beach and Isaac K. Beach, and Abram Van Horn, I, William C. Crain, do hereby grant, release and convey to the said Henry M. Beach, Isaac K. Beach, and Abram Van Horn, and to their heirs and assigns forever, a right of way or road, through the lands of said William C. Crain, situate in the town of Warren, in the county of Herkimer,…
1Opinion of the CourtWeight, J.
This case-involves the consideration of two questions, either of which, if determined against the defendant in error, would defeat'his re covery. 1st. Whether, under their covenant to make all necessary repairs to the gate, the duty of rebuilding or replacing il devolved in law upon the Beaches. 2d. Whether the forme! suit is a good bar to the present action.
1. It is to be observed' that the Beaches covenant in express terms to make all necessary repairs to the gate, and in passing and repassing it to use common care in having it shut after them. In the contemplation of the parties, the gate…
2Cases cited2 opinions
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Rice v. KingNew York Supreme Court · 1810
3Cited by37 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Board of Commissioners v. GwinIndiana Supreme Court · 1894
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Noble v. TweedyCalifornia Court of Appeal · 1949
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