Trustees of Columbia College v. Lynch
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 7 J. & S., 372.) This action ivas brought to restrain the carrying on of business in certain premises situate on the north-east corner ■ of Fiftieth street and Sixth avenue in the city of New York, of which the defendant Lynch was owner, and the other defendants tenants, upon the ground that the premises were subject to a covenant reserving the property exclusively for dwelling houses.…
1Opinion of the CourtAllen, J.
It was competent for the plaintiffs and Mr. Beers, from the latter of whom the defendants derive title, while they were the owners of adjoining tracts or parcels of land in the city of New York, by mutual covenants to regulate the use and enjoyment of their respective properties, with a view to the permanent benefit and the advancement in value of each. The mutual and reciprocal covenants of the contracting parties constituted a good consideration for the covenants and agreements of both. All that is required, when the undertaking of one of two contracting parties gives the consideration for…
2Cases cited6 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Barrow v. RichardNew York Court of Chancery · 1840
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Curtiss v. . AyraultNew York Court of Appeals · 1871
- Brouwer v. JonesNew York Supreme Court · 1856
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3Cited by145 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Korn v. . CampbellNew York Court of Appeals · 1908
- Witter v. TaggartNew York Court of Appeals · 1991
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
140 more not listed; retrieve them via the Exa API.