Van Slyck v. Kimball

New York Supreme Court

Van Slyck v. Kimball

8 Johns. 198

CourtNew York Supreme Court

DecidedAugust 15, 1811

StatusPublished

Cited by5 cases

This text of 8 Johns. 198 (Van Slyck v. Kimball) 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.

Bluebook

Van Slyck v. Kimball, 8 Johns. 198 (N.Y. Super. Ct. 1811).

Pincite

Opinion

Per Curiam.

A covenant “ to indemnify and save harmless from all demands, dues and damages whatsoever, which might happen or arise on account of a certain mortgage,” is tantamount to a covenant for quiet enjoyment against the mortgage, and the plaintiff must show an eviction under the mortgage. The case comes within the principle of the decisions in Waldron v. McCarty, (3 Johns. Rep. 471.) and of Kortz v. Carpenter. (S Johns. Rep. 120.) Judgment must be rendered "for the defendant.

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Per Curiam.

A covenant “ to indemnify and save harmless from all demands, dues and damages whatsoever, which might happen or arise on account of a certain mortgage,” is tantamount to a covenant for quiet enjoyment against the mortgage, and the plaintiff must show an eviction under the mortgage. The case comes within the principle of the decisions in Waldron v. McCarty, (3 Johns. Rep. 471.) and of Kortz v. Carpenter. (S Johns. Rep. 120.) Judgment must be rendered "for the defendant.

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Bluebook (online)

8 Johns. 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-slyck-v-kimball-nysupct-1811.

Opinion

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