New Jersey Law Reports Volume 37

New Jersey Law Reports Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...of any debtor." ' And then the language of the 2d section, "shall be liable to pay any debt of his, her or their creditor." The statute only speaks of creditor and creditors, debts and debtors. This must mean existing creditors and existing debts. At the death of Samuel Meeker, the covenantor, there was no debt due from him to the plaintiff--no such relation existed between them. This claim cannot therefore be considered a debt due from the covenantor within the meaning of our act. The statute only contemplates debts, strictly so called, and it does not extend to recovery of damages for breaches of covenant made by the testator or covenantor. But what is this suit for? It is an action of covenant to recover damages for a breach of the ancestor's covenant to make a good title to the plaintiff. Not for a breach of the ancestor's covenant to pay a sum of money which was due before his death, and part of the damages which plaintiff seeks to recover is the amount of the costs and expenses of defending an action of dower brought against plaintiff by Mrs. Halsted. ' It may be said that in the present case the damages for the breaches of covenant declared on are liquidated, and therefore in form may be sued for in action of debt. To which we answer--but they are not the less in substance damages. We submit that our statute does not extend the remedy to actions of covenant against the devisee. For the plaintiffs, John TV. Taylor. The question by the demurrers, is simply--Whether or not the plaintifs' claim is a debt, within the meaning of the act entitled " An act for the relief of creditors against heirs and devisees." The claim is for compensation for the breach of a covenant or contract, more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236792637
  • 9781236792631