Legal Opinion

Trustees of Columbia College v. Lynch

The Superior Court of New York City

Decided March 15, 1874PublishedCited by 2 opinions

This action is brought to enjoin the defendants from carrying on any kind, of trade or business on certain lands in the city of New York. The plaintiffs claim that the defendants have violated in that respect a covenant made by Joseph D. Beers, the original owner of the- property, with the plaintiffs, and through whom the defendants derive title.

1Opinion of the CourtCurtis, J.

This difficulty presents itself in regard1 to the plaintiffs’ case. There is no privity of estate between the plaintiffs and any of the defendants. The defendants’' title was not derived from the plaintiffs in any manner. The covenants of the'plaintiffs, which are alleged to be the consideration of the covenant on the part of Mr. Beers, are not *274mutual or reciprocal, and do not restrain the/plaintiffis or their grantees, but only seek to restrain their lessees and those claiming under their lessees.

The policy of the common law has always been to restrain dhe power of imposing burdens upon land…

2Cases cited5 opinions

  1. Tallmadge v. . the East River BankNew York Court of Appeals · 1862
  2. Van Rensselaer v. . HaysNew York Court of Appeals · 1859
  3. Van Rensselaer v. . BallNew York Court of Appeals · 1859
  4. Van Rensselaer v. SmithNew York Supreme Court · 1858
  5. Tallmadge v. East River BankThe Superior Court of New York City · 1853

3Cited by2 opinions

  1. Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
  2. Water Users Assn. v. Bldg. Assn.Wyoming Supreme Court · 1931

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