Legal Opinion

Niles v. Fenn

The Superior Court of the City of New York and Buffalo

Decided May 25, 1895PublishedCited by 2 opinions

Action by William W. Niles against Elisha Fenn for an injunction and to enforce a covenant Judgment for plaintiff.

1Opinion of the CourtMcADAM, J.

The defendant carried on a dental business at No. 172 East One Hundred and Sixteenth street, this city, which business had been conducted by him in and about said neighborhood for a period of 10 or 12 years. On May 1, 1898, the plaintiff purchased the business from the defendant, together with the good will thereof, paid the defendant $1,500 therefor, and, as an inducement to the sale, the latter agreed not to re-enter the practice of dentistry for a period of four years from May 1, 1893, within the territory bounded by the Harlem river on the north, Seventieth street on the south, East river…

2Cases cited5 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
  3. Francisco v. . SmithNew York Court of Appeals · 1894
  4. Fenn v. BollesThe Superior Court of New York City · 1858
  5. Stanley v. PollardThe Superior Court of the City of New York and Buffalo · 1893

3Cited by2 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of BrownAppellate Division of the Supreme Court of the State of New York · 1925
  2. Oliver M. Farrand Co. v. FarrandNew York Supreme Court · 1914

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