Clark v. . Devoe
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 22, 1888, which reversed a judgment in favor of plaintiff .entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for the breach of a covenant contained in a deed from the defendant to the grantor of the plaintiff.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 22, 1888, which reversed a judgment in favor of plaintiff .entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for the breach of a covenant contained in a deed from the defendant to the grantor of the plaintiff. In April, 185J, the defendant owned two adjoining parcels of land in the city of New York, with the buildings thereon, known as No. 22 and No. 24 West Tenth street, and on the fifteenth of that…
1Opinion of the CourtVann, J.
This is not an action in equity to restrain the continuance of a nuisance, nor in tort, to recover the damages caused by a nuisance, but is simply for a breach of the covenant set forth in the foregoing statement. It is not brought against one, who personally or through his agents or tenants, created the nuisance, nor against one who owned the property at any time when the nuisance existed thereon, but against a former owner of two city lots, who in selling one, many years ago, made said covenant with reference to the other, which he soon conveyed away, and since then he has had no interest…
2Cases cited4 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Duryea v. . MayorNew York Court of Appeals · 1875
- Phoenix Ins. Co. v. . Continental Ins. Co.New York Court of Appeals · 1882
- Quackenboss v. LansingNew York Supreme Court · 1810
3Cited by74 opinions
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Kitching v. . BrownNew York Court of Appeals · 1905
- Ridley v. HaimanTennessee Supreme Court · 1932
- Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
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