Kelsey v. Durkee
New York Supreme Court
THE complaint in this action sought to restrain the defendants from removing an engine, boilers and other property from the premises lately occupied hy them in Brooklyn. The plaintiff obtained a temporary injunction at the commencement of the action, with an order to show cause why the same should not he made perpetual.
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THE complaint in this action sought to restrain the defendants from removing an engine, boilers and other property from the premises lately occupied hy them in Brooklyn. The plaintiff obtained a temporary injunction at the commencement of the action, with an order to show cause why the same should not he made perpetual. On the return of this order, the plaintiff amended his complaint, and the proceedings were thereupon adjourned; and at the adjourned day the motion was heard upon pleadings and affidavits, and the' temporary injunction dissolved. From the order dissolving the injunction the…
1Opinion of the Court
By the Court,
Brown, J.
The defendants are the tenants of certain premises situate upon Sedgwick street in the city of Brooklyn, of which the plaintiff is the landlord. The lease hears date November 1st, 1859, and demises the premises, with the buildings thereon, to be used for the purposes of a soda, saleratus and drug factory and mill, and to use a steam engine and furnace therein, for the term of five years, reserving rent, but to cease and determine should the buildings thereon be destroyed by fire, or otherwise, during the term. The defendants entered upon the demised premises and put up…
2Cited by7 opinions
- Andrews v. Day Button Co.New York Court of Appeals · 1892
- Bircher v. ParkerSupreme Court of Missouri · 1867
- Henry A. Fabrycky, Inc. v. Nad Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1941
- Gans v. HughesNew York City Court · 1891
- Marder v. HeinemannAppellate Division of the Supreme Court of the State of New York · 1906
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