Hessler v. Schafer
New York Supreme Court
This action was originally brought to restrain defendant from constructing two additional stories upon a building which he had leased to plaintiff for business piirposes and from interfering with plaintiff’s business, signs, etc., by the construction of said new ■stories.
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This action was originally brought to restrain defendant from constructing two additional stories upon a building which he had leased to plaintiff for business piirposes and from interfering with plaintiff’s business, signs, etc., by the construction of said new ■stories. A preliminary injunction was granted to accompany the. summons and complaint, but this was subsequently vacated upon the. defendants giving a bond to answer for, any damages which . plaintiff might be held to have sustained by reason of the acts above mentioned.
1Opinion of the CourtHiscock, J.
Prior to December 1, 1893, the plaintiff and de: fendant-were engaged as copartners in the city of Syracuse in carrying on the business' of dealing in stoves,.furnaces and other things. Hpon said day the plaintiff proposed to. the defendant a plan for. the dissolution of said copartnership and for the division of its 'assets, which was ■ subsequently accepted by the latter, and upon January 30, 1894, formally agreed upon by-the parties. By this arrangement between them, amongst other things,- plaintiff was to pay to defendant several thousand dollars in addition to certain firm real estafe…
2Cases cited1 opinion
- Russell v. . AllertonNew York Court of Appeals · 1888
3Cited by3 opinions
- Owsley v. HamnerCalifornia Supreme Court · 1951
- A. D. W. Realty Corp. v. Dee-Dee Cafe Corp.Civil Court of the City of New York · 1967
- Daub v. PopkinNew York Supreme Court · 1957