Nixon v. Hyserott
This text of 5 Johns. 58 (Nixon v. Hyserott) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The attorney was authorised to sell and to execute conveyances, and assurances in the law, of the lands sold ; but no authority was given to bind his principal, by covenants. A conveyance or assurance is good and perfect without either warranty or personal covenants ; and therefore they are not necessarily implied in an authority to convey ; an authority is to be strictly pursued, and an act varying in substance from it is void. There must be a judgment of nonsuit, according to the ’ direction in the case.
having formerly been concerned as counsel in the cause, gave no opinion.
Judgment of nonsuit.
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5 Johns. 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-hyserott-nysupct-1809.