Dodge v. Lambert & Gardner
The Superior Court of New York City
This action comes before the Court at' General Term, on an appeal by the defendants, from a judgment granting the relief prayed by the'complaint. The judgment appealed from is, “ that the defendants be, and they hereby are, perpetually enjoined from using the premises mentioned in the complaint, or any part thereof, as a place of public entertainment on Sabbath days or evenings.”
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This action comes before the Court at' General Term, on an appeal by the defendants, from a judgment granting the relief prayed by the'complaint. The judgment appealed from is, “ that the defendants be, and they hereby are, perpetually enjoined from using the premises mentioned in the complaint, or any part thereof, as a place of public entertainment on Sabbath days or evenings.” The complaint alleged, and it was proved on the trial, that the plaintiffs, on the 23d of February, 1855, were duly appointed receivers of the real estate of which Anson G. Phelps, then recently deceased, died seized…
1Opinion of the CourtBy the Court. Bosworth, J.
Assuming the consent, that Curr might assign the lease to the defendants, to be the same, in effect, as if it had been signed by the plaintiffs personally, and the *578agreement between them and the defendants to be as valid and effective as if the plaintiffs had executed it in person, instead of executing it by T. Allen, their agent, the only question would be, whether the defendants can be restrained by injunction from violating the covenant in question. Steward v. Winters, (4 Sand. Ch. R. 587;) Howard v. Ellis, (4 Sand. S. C. R. 369,) are authorities in support of the affirmative of that…
2Cases cited1 opinion
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
3Cited by5 opinions
- Kraft v. WelchSupreme Court of Iowa · 1901
- Spalding Hotel Co. v. EmersonSupreme Court of Minnesota · 1897
- Gillian v. NortonThe Superior Court of New York City · 1867
- Michel v. O'BrienNew York Supreme Court · 1894
- Ambler v. SkinnerThe Superior Court of New York City · 1867