Goodhue v. Pennell
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Maria A.- Goodhue, and the defendants, George Pennell and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 9th day of February, 1914, upon the decision of the court after a trial at the Nassau Special Term.
1Opinion of the Court
Jenks, P. J.:
These are cross-appeals from a judgment of the Special Term in an action to restrain the defendants, perforce of a covenant in a deed; from using their premises in the hotel business, and from the sale of intoxicants thereon. The judgment that restrains such sale is so clearly right that I confine discussion to the other feature of it.
The covenant reads that neither the parties, nor their heirs or assigns, shall at any time hereafter “ erect, cause, procure, permit or suffer to be erected upon the hereby granted premises or any part thereof nor upon any part of the premises *822shown…
2Cases cited8 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Kitching v. . BrownNew York Court of Appeals · 1905
- Batchelor v. . HinkleNew York Court of Appeals · 1914
- Gannett v. AlbreeMassachusetts Supreme Judicial Court · 1869
- Rodgers v. . People of the State of New YorkNew York Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
- Hart v. LittleNew York Supreme Court · 1918
- Vandershoot v. KocherNew York Supreme Court · 1947
- Neilson v. Hiral Realty Corp.New York Supreme Court · 1939
- Booth v. KnipeAppellate Division of the Supreme Court of the State of New York · 1917