Trustees of Columbia College v. . Thacher
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, entered upon an order made June, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at' Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, entered upon an order made June, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at' Special Term. The action was brought to enforce the observance of certain covenants in an 'agreement made on the 25th of July, 1859, between the plaintiffs and Joseph D. Beers, who then owned adjacent portions of the block of land between Fifth and Sixth avenues and Fiftieth and Fifty-first streets, liew York, in respect to the mode of improvement and the future…
1Opinion of the CourtDanforth, J.
The validity and binding obligation of the covenant cannot be questioned by the defendant Thacher. (Trustees of Columbia College v. Lynch, 70 N. Y. 440.) Moreover it appears that he bought with notice, not only of the agreement, but of this action. He, therefore, could not take the property without performing the obligation attached to it, and must be deemed to have taken it at his own peril, to the extent of such judgment as might be rendered in the action. It is claimed in his behalf that the business charged in the complaint to have been carried on does not come within the prohibition of…
2Cases cited4 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
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- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Hodge v. . SloanNew York Court of Appeals · 1887
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
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