The Atlantic Dock Company v. . Libby
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon the report of a referee in favor of the plaintiff, and from the order granting the plaintiff an extra allowance of costs of $500. The defendants occupy several lots of ground as owners and lessess, in the city of Brooklyn, conveyed by the plaintiff to one Worcester, from whom title is derived.
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Appeal from the judgment of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon the report of a referee in favor of the plaintiff, and from the order granting the plaintiff an extra allowance of costs of $500. The defendants occupy several lots of ground as owners and lessess, in the city of Brooklyn, conveyed by the plaintiff to one Worcester, from whom title is derived. The deed to Worcester contains the following clause: “And the party of the second part for himself, his heirs and assigns, doth hereby covenant with the said Atlantic…
1Opinion of the Court
Church, Ch. J.
The covenant was not to erect or permit [upon the premises in question “ any manufactory of gunpow der, glue, varnish, vitriol, turpentine, or any brewery, distillery, slaughter-house, or other noxious or dangerous trade or business.”
I am inclined to think that the building in which the defendants carry on the business of manufacturing paraffine oil is not a distillery, within the strict meaning of that word, as used in the covenant. Words are to be given the signification which the parties intended, and we are to presume that signification was intended whicli is generally…
2Cases cited3 opinions
- Barrow v. RichardNew York Court of Chancery · 1840
- Aikin v. . WassonNew York Court of Appeals · 1862
- Wright v. AmesNew York Court of Appeals · 1865
3Cited by16 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Thompson v. DillerAppellate Division of the Supreme Court of the State of New York · 1914
- People Ex Rel. Winans v. . AdamsNew York Court of Appeals · 1891
- Mingay v. . Holly Manufacturing Co.New York Court of Appeals · 1885
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