Rowland v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion. In November, 1865, Miss Burr owned several lots of land in the city of New York, on the easterly side of Madison avenue, extending easterly to Vanderbilt avenue, between 42d and 44tli streets, all of which were then vacant; and on the 20th day of that month she contracted to sell…
1Opinion of the CourtEarl, J.
The main contention of the parties is over the meaning and force of the restriction agreement. The claim of the appellant that it simply restrains nuisances cannot be sustained, and hence the numerous authorities cited by his counsel on the argument before us, have little or no application. If the agreement was intended simply to restrain any trade or business Avhich was per se a nuisance, or Avhich was carried on in such a way as to make it a nuisance, then it Avas Avholly unnecessary. The laAv Avill always, upon the application of a party aggrieved, restrain and abate a private nuisance.…
2Cases cited1 opinion
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
3Cited by83 opinions
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
- Edwards v. WisemanSupreme Court of Louisiana · 1941
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Schadt v. BrillMichigan Supreme Court · 1913
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