Scudder v. Watt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Halstead Scudder and another, as executors, etc., of Elizabeth Benham, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 15th day of July, 1903, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiffs, Halstead Scudder and another, as executors, etc., of Elizabeth Benham, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 15th day of July, 1903, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint upon the merits. The restrictive agreement mentioned in the opinion which was executed among others by the plaintiffs’ testatrix, and one of the defendant’s predecessors in title, provided that the parties thereto would “not sell…
1Opinion of the Court
Jenks, J.:
We think that the judgment of the Special Term was right for the reasons given in the opinion of Wilmot M. Smith, J., presiding thereat.* We limit our discussion to points first raised before us, or, at least, pressed with new arguments. We think that the provision “ This agreement between the aforementioned undersigned shall be nuIL and void and not binding upon any of the parties in question, in case any one of the above-mentioned property owners shall refuse to agree to its provisions,” means that the agreement shall be null and void if any of the property owners decline to…
2Cases cited10 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Riggs v. . PursellNew York Court of Appeals · 1876
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Heller v. . CohenNew York Court of Appeals · 1897
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3Cited by6 opinions
- Boyden v. RobertsWisconsin Supreme Court · 1907
- Price v. ImmelSupreme Court of Colorado · 1910
- Mutchnick v. DavisAppellate Division of the Supreme Court of the State of New York · 1909
- Goodrich v. PrattAppellate Division of the Supreme Court of the State of New York · 1906
- Dethloff v. VoitAppellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.