Legal Opinion

Whiteside v. Noyac Cottage Ass'n

New York Supreme Court

Decided February 15, 1895PublishedCited by 8 opinions

Appeal from special term, New York county. Action by Newton E. Whiteside and others against the Noyac Cottage Association. From an order, in so far as it confirms the report of the referee in awarding defendant damages by reason of an injunction obtained by plaintiffs pendente lite, plaintiffs appeal. Reversed.

1Opinion of the CourtParker, J.

The plaintiffs, who were lot-owning members of the defendant, the Noyac Cottage Association, feeling aggrieved because of an assessment made upon the lots purchased by them of the association to defray certain expenses incurred in the erection *725of a clubhouse, bowling alley, and billiard annex, and in the purchase of horses and carriages, commenced a suit, the complaint in which concluded with a prayer for relief, as follows:

“Wherefore the plaintiffs pray for the equitable interference of this court, and for judgment directing said defendant, through its board of managers, to rescind its…

2Cases cited4 opinions

  1. Newton v. . RussellNew York Court of Appeals · 1882
  2. Randall v. . CarpenterNew York Court of Appeals · 1882
  3. Sweet v. MowryNew York Supreme Court · 1893
  4. Allen v. BrownNew York Supreme Court · 1872

3Cited by8 opinions

  1. Curtiss v. BachmanCalifornia Supreme Court · 1895
  2. Youngs v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1900
  3. Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Eisen v. PostNew York Supreme Court · 1958
  5. O'Neill v. Eberhard Co.Oregon Supreme Court · 1921

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