Legal Opinion

Kellogg v. Larkin

Wisconsin Supreme Court

Decided June 15, 1851PublishedCited by 16 opinions

ERROR to tbe County Court for Milwaukee County. Action of covenant for tbe recovery of rent upon a lease made by Larkin, the plaintiff, to the defendants, Kellogg and Webb, dated January 7, 1850, by which the plaintiff leased to the defendants a certain warehouse in the city of Milwaukee, for the purpose of the storage of wheat and no other, subject to certain restrictions therein contained, until the first of August next thereafter, and said plaintiff was not, during the…

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ERROR to tbe County Court for Milwaukee County. Action of covenant for tbe recovery of rent upon a lease made by Larkin, the plaintiff, to the defendants, Kellogg and Webb, dated January 7, 1850, by which the plaintiff leased to the defendants a certain warehouse in the city of Milwaukee, for the purpose of the storage of wheat and no other, subject to certain restrictions therein contained, until the first of August next thereafter, and said plaintiff was not, during the continuance of the lease, for himself or in the name of any others, directly or indirectly, or in any way or manner, to…

1Opinion of the CourtHowe, J.

The plaintiff below, Larhin, declared in covenant for the rents reserved in a lease executed by him to Kellogg & Webb, of one portion of a certain warehouse, situated in the fifth ward of the city of Milwaukee. The lease contained a covenant on the part of the plaintiff by which he obliged himself, during the term for which the premises were demised, to wit: from the 7th of January to the 1st day of August following, “ not to purchase, store, or handle any wheat in the Milwaukee market, except under the direction ” of the defendants.

This covenant, as is said, being in partial restraint of…

2Cases cited6 opinions

  1. Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
  2. Stanton v. AllenNew York Supreme Court · 1848
  3. Chappel v. BrockwayNew York Supreme Court · 1839
  4. Nobles v. BatesNew York Supreme Court · 1827
  5. Whiting v. CochranMassachusetts Supreme Judicial Court · 1813

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3Cited by16 opinions

  1. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Eric Brant v. Schneider National Inc.Court of Appeals for the Seventh Circuit · 2022
  3. United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
  4. Wakefield v. VanTassellIllinois Supreme Court · 1903
  5. Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914

11 more not listed; retrieve them via the Exa API.

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