Wilcox v. Ten Eyck

New York Supreme Court

Wilcox v. Ten Eyck

5 Johns. 78

CourtNew York Supreme Court

DecidedNovember 15, 1809

StatusPublished

Cited by6 cases

This text of 5 Johns. 78 (Wilcox v. Ten Eyck) 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

Wilcox v. Ten Eyck, 5 Johns. 78 (N.Y. Super. Ct. 1809).

Pincite

Opinion

Per Curiam.

The 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.

Judgment for the plaintiff,

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Per Curiam.

The 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.

Judgment for the plaintiff,

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Bluebook (online)

5 Johns. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilcox-v-ten-eyck-nysupct-1809.

Opinion

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