Atlantic Dock Co. v. . Leavitt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of the plaintiff entered upon the decision of the court at Special Term. This action was brought to restrain defendants from using certain premises, situate in the city of Brooklyn, for the manufacture of resin oil.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of the plaintiff entered upon the decision of the court at Special Term. This action was brought to restrain defendants from using certain premises, situate in the city of Brooklyn, for the manufacture of resin oil. In 1852 the plaintiff conveyed to. one Worcester certain lots of land, situate in the city of Brooklyn, by warranty deed signed by the grantor alone with full covenants, which deed contains the following clause: “And the said party of the second part for…
1Opinion of the Court
Earl, C.
While the distillery used for the manufacture of resin oil was probably not such a distillery as was contemplated by the parties to the deed, yet the court found, upon sufficient evidence, that the business was dangerous within the meaning of the covenants contained in the deed, and that was sufficient to show a breach thereof. (The Atlantic Dock Co. v. Libby, 45 N. Y., 499.) The main question therefore to be determined is, whether the covenant in the deed to Worcester bound him, although he did not sign and seal the deed. I entertain no doubt that it did.
I have found no authority…
2Cases cited6 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Belmont v. . ComanNew York Court of Appeals · 1860
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- The Atlantic Dock Company v. . LibbyNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Robertson v. PickrellSupreme Court of the United States · 1883
- Willard v. WoodSupreme Court of the United States · 1890
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
66 more not listed; retrieve them via the Exa API.