Peck v. Elder
The Superior Court of New York City
The bill in this cause was filed in the late court of chancery, before the vice-chancellor of the first circuit, in Hovember, 1844, by Elisha Peck, John 0. Merritt, Anson G. Phelps, Runyon W. Martin, and Richard A. Reading, against Robert Elder and four others, in order to restrain them from erecting and putting in operation a large fat-melting establishment at the comer of Fourth street and First Avenue, in the city of New York.
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The bill in this cause was filed in the late court of chancery, before the vice-chancellor of the first circuit, in Hovember, 1844, by Elisha Peck, John 0. Merritt, Anson G. Phelps, Runyon W. Martin, and Richard A. Reading, against Robert Elder and four others, in order to restrain them from erecting and putting in operation a large fat-melting establishment at the comer of Fourth street and First Avenue, in the city of New York. The complainants were severally the owners of tenements, which they alleged would be injuriously affected by the proposed erection, as follows: J. 0. Merritt owned…
1Opinion of the CourtBy the Court. Campbell, J.
This bill was filed to prevent the erection of a melting-house on the 1st Avenue, in the city of Hew York. The injunction granted at the time the bill was filed, was afterwards modified so far as to allow the erection of the building, and also the commencement of the melting business. Afterwards, the defendants were indicted, convicted, and fined for maintaining and carrying on this business, which was thus adjudged a serious nuisance. After the conviction, the defendants discontinued the melting business at this place. We *132are now asked to decree a perpetual injunction. On the part of the…
2Cases cited1 opinion
- Griffith v. GriffithNew York Court of Chancery · 1841
3Cited by13 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Seacord v. PeopleIllinois Supreme Court · 1887
- Rhoades v. CookSupreme Court of Iowa · 1904
- Brightman v. Inhabitants of BristolSupreme Judicial Court of Maine · 1876
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