| N.Y. Sup. Ct. | Aug 15, 1811
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.