Equitable Life Assurance Society v. Brennan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15,1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to restrain the defendant from using certain buildings erected upon his lands as stables in violation of an alleged covenant prohibiting such use.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15,1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to restrain the defendant from using certain buildings erected upon his lands as stables in violation of an alleged covenant prohibiting such use. The judgment enjoined and restrained the defendant from using the buildings in question erected upon his lands as stables, unless within sixty days after the entry of judgment he should pay to the…
1Opinion of the CourtBartlett, J.
The plot of land involved in this litigation was originally owned by the trustees of St. Patrick’s Cathedral in the city of Hew York, and is bounded on the north by Fifty-first street, on the south by Fiftieth street, on the west by Madison avenue, and on the east by Park, formerly Fourth avenue. The size of this block is 200 feet on the avenues and 400 feet on the streets.
On the 15th of April, 1881, the trustees sold to J. Augustus Page this block and he divided it into 32 different lots, each having a frontage of 25 feet and a depth of 100 feet. At the request of Page the trustees conveyed…
2Cases cited5 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Barrow v. RichardNew York Court of Chancery · 1840
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Brouwer v. JonesNew York Supreme Court · 1856
3Cited by44 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Vogeler v. Alwyn Improvement Corp.New York Court of Appeals · 1928
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Cheatham v. TaylorSupreme Court of Virginia · 1927
39 more not listed; retrieve them via the Exa API.