Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 27, 1914, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 27, 1914, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The words “ dwelling houses ” as used in the restriction agreement must be given that interpretation intended by the parties using them at that time, rather than the broad definition to be found in dictionaries and accepted by courts in defining the same words when…
1Opinion of the CourtHiscock, J.
We are called on to determine whether the Appellate Division decided correctly in a controversy submitted to it that the appellant must carry out a con tract made by its assignor and representative with the respondent for the purchase of certain premises owned by the latter, and which inquiry involves the construction of a restrictive covenant.
The premises are situated at the comer of Madison avenue and Thirty-eighth street in what is frequently known as the Murray Hill district.in the city of Hew York. It appears that all of the buildings in the block which includes the premises, outside of…
2Cases cited8 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- McMurtry v. Phillips Investment Co.Court of Appeals of Kentucky · 1898
- Holt v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1902
- Ebling v. . DreyerNew York Court of Appeals · 1896
- Hurley v. BrownAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by36 opinions
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Bear v. BernsteinSupreme Court of Alabama · 1948
- Schoonmaker v. HeckscherAppellate Division of the Supreme Court of the State of New York · 1916
- Schwarzschild v. WelborneSupreme Court of Virginia · 1947
- Sporn v. OverholtSupreme Court of Kansas · 1953
31 more not listed; retrieve them via the Exa API.