Dale v. Roosevelt
Court for the Trial of Impeachments and Correction of Errors
On error frdm the supreme court, The action below was covenant, by Roosevelt againt Dale, administrator, &c. on sealed articles, dated September 16th, 1813, reciting that Roosevelt had discovered a coal mine tin the bank of the Ohio river, (describing the mine and the land containing it). Roosevelt then covenanted that he would cause the land and mine to be conveyed to Fulton, the testator, by U. S, letters patent; and Fulton covenanted that when he should receive the…
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On error frdm the supreme court, The action below was covenant, by Roosevelt againt Dale, administrator, &c. on sealed articles, dated September 16th, 1813, reciting that Roosevelt had discovered a coal mine tin the bank of the Ohio river, (describing the mine and the land containing it). Roosevelt then covenanted that he would cause the land and mine to be conveyed to Fulton, the testator, by U. S, letters patent; and Fulton covenanted that when he should receive the letters, he would pay Roosevelt 4,400 dollars, viz. 1,150 dollars to the United States, and 3,250 dollars to Roosevelt, in his…
1Opinion of the Court
Dayan, Senator.
It. was insisted on the argument, 1. That the breach in the declaration was badly assigned, as to amount and manner of payment; 2. That there was a variance, between the instrument declared on, and the one produced in evidence:, 3. That the evidence of Roosevelt’s false and fraudulent representations was pertinent,; and *329should not have been rejected; 4. That the performance of the contract on the part of Roosevelt was not admitted ‘jy the plea under the circumstances of the case.
It cannot be necessary to examine the first objection. It was removed by an amendment. The second is…
2Cases cited7 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Kane v. SangerNew York Supreme Court · 1817
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
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- Gardner v. GardnerNew York Supreme Court · 1813
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