Nickerson v. Crawford
New York Supreme Court
At chambers. Action against George Crawford and another to restrain the use of a stable adjoining plaintiff’s property. Afterwards plaintiff conveyed his premises to one P. William Nickerson, and assigned to him his cause of action against defendants.- After this conveyance and assignment to him, P. William Nickerson made a general assignment for the benefit of creditors.
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At chambers. Action against George Crawford and another to restrain the use of a stable adjoining plaintiff’s property. Afterwards plaintiff conveyed his premises to one P. William Nickerson, and assigned to him his cause of action against defendants.- After this conveyance and assignment to him, P. William Nickerson made a general assignment for the benefit of creditors. The assignees in said general assignment, Caleb B. Knevals and Elihu B. Frost, now move to be substituted as plaintiffs in said action.
1Opinion of the CourtIngraham, J.
This action is brought by plaintiff as owner of a house and lot in the city of New York, to restrain a nuisance maintained by defendants upon adjoining property, and for damages caused by the nuisance. It is the application for equitable relief that gives a court of equity jurisdiction, and the action thereby becomes an equitable action. That cause of ac.tion, however, vested in the plaintiff as the owner of the adjoining premises. As a mere individual, disconnected with his ownership of the property, he would have no right of action to abate the nuisance. It is only because of the special…
2Cited by1 opinion
- Baker v. Northwest Building & Investment Co.Washington Supreme Court · 1903