Legal Opinion

Clarke v. Kurtz

New Jersey Superior Court Appellate Division

Decided January 26, 1938PublishedCited by 13 opinions

1Opinion of the Court

The opinion of the court was delivered by

Case, J.

Benjamin Kurtz is the owner of a lot of land in the city of Camden, whereon John Cazello, the lessee, in conjunction with Frank Caromano, proposes to open a saloon and sell intoxicating liquors under a license heretofore granted to Caromano: The bill, filed by several owners of lots in the same tract, sought to enjoin the proposed use as contrary to a restrictive covenant which appears infra. Chancery dismissed the bill. Complainants appeal.

The lands of the complainants, as well as that of defendant Kurtz, all came from a tract owned and…

2Cases cited3 opinions

  1. Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Hills v. MillerNew York Court of Chancery · 1831
  3. Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868

3Cited by13 opinions

  1. Pitts v. BrownSupreme Court of South Carolina · 1949
  2. Bright v. Forest Hill Park Development Co.New Jersey Court of Chancery · 1943
  3. Olson v. JantauschNew Jersey Superior Court Appellate Division · 1957
  4. Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'nSupreme Court of New Jersey · 2007
  5. Township of Piscataway v. Duke EnergyCourt of Appeals for the Third Circuit · 2007

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