Wilcox v. Ten Eyck

Decided November 15, 1809

New York Supreme Court · decided 1809-11-15

THIS was an action of covenant. The declaration stated, that by articles of agreement, under seal, dated the 9th of September, 180/, the plaintiff covenanted with the defendant to execute to him in fee, on the 15th May, then next, a warranty deed of a certain farm, &c* which farm was then in the possession of the plain-¿ff, and of which fames Van Valkenbercrh held a bond 7 v e *•* an¿ morto-ac-e which the plaintiff covenanted was not o o enforced; (z. e. foreclosed ;) and…

Good law ✅— No negative treatment on recordhow we know

Decided 1809-11-15

How this case has been cited

Cited by 3 later decisions — most recently December 1851

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The covenants here are mutual and in* , , , dependent. This case cannot be distinguished from that of Seers v. Fowler, (2 Johns. Rep. 272.) and of Terry v. Duntze, (2 H. Bl. 389.) If the covenants be once established to be independent covenants, they continue so throughout, although the plaintiff had covenanted to do certain acts on his part, in the intermediate time, between the performance of the different acts to be done by the defendant. There must be judgment for the plaintiff.

¶2Judgment for the plaintiff,