Murray v. Weston
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by William Murray against Henry Weston, receiver of the Hoboken Turtle Club, and others, for an injunction. From a judgment of the special term dismissing the complaint as to certain of defendants, plaintiff appeals.
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Appeal from special term. Action by William Murray against Henry Weston, receiver of the Hoboken Turtle Club, and others, for an injunction. From a judgment of the special term dismissing the complaint as to certain of defendants, plaintiff appeals. The following is the opinion of the special term (WILMOT M. SMITH, J.): The most conclusive test of the intention of the parties to the covenant sought to be enforced in this action is the practical construction placed upon it by the acts and acquiescence of those parties. Aj>plying this test, the covenant was not intended to class as a business…
1Per curiam
Judgment affirmed, with costs, on the opinion of' the special term. All concur, except CULLEN and HATCH, JJ., dissenting, who are of the opinion that the sale of intoxicating liquors should also be restrained.
2Cited by4 opinions
- de Lima v. MitchellNew York Supreme Court · 1906
- Solomon v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Freeman v. Brooklyn Heights RailRoadAppellate Division of the Supreme Court of the State of New York · 1903
- Kew Gardens Corp. v. Ciro's Plaza, Inc.New York Supreme Court · 1940