Haines v. Einwachter

• Decision Date: 08 June 1903
• Citation: 55 A. 38
• Parties: HAINES et al. v. EINWACHTER et al.
• Court: New Jersey Court of Chancery

55 A. 38

HAINES et al.

v. EINWACHTER et al.

Court of Chancery of New Jersey.

June 8, 1903.

Suit by Mary T. Haines and John P. Starr against Ellen Einwachter and another. Decree in favor of plaintiff Starr.

E. H. Chandler, for complainants.

G. A. Bourgeois, for defendants.

GREY, V. C. The bill is filed to enforce restrictions imposed by the complainant John F. Starr upon a certain lot of land on the west side of Virginia avenue, in Atlantic City, in a deed made by him on the 30th day of December, 1887, to one Solomon Sternberger, and recorded in Atlantic county clerk's office in Book 1234 of Deeds, folio 93, etc. The restrictions are recited in that deed as follows: "Under and subject to the restriction that no slaughterhouse, bone-boiling establishment or fat-rendering establishment or livery stable, shall hereafter be erected thereon, nor shall any building be erected on said premises within thirty feet of the front line of said lot, nor more than one house erected thereon, nor shall any spirituous, vinous or malt liquors be manufactured or sold upon said premises." By various intermediate conveyances this lot has been conveyed to the defendant Ellen Einwachter, who is now its owner. A hotel or boarding house called the "Belmont" has been built on the lot. This property Mrs. Einwachter has leased to the defendant Edwin S. Watson, who presently occupied it. The complainant Starr, by another deed, dated the 14th day of December, 1897, recorded in Book No. 122 of Deeds, p. 150, conveyed another lot on the same side of Virginia avenue to one Charles F. Wahl, the title in which by intermediate conveyances has come to the complainant Mary T, Haines. The deed from Starr to Wahl also contained the restrictions above recited. The breaches alleged are that the defendant Watson has obtained a license for the sale of liquor on the lot leased to him, and has opened a bar, and intends to conduct on the premises a business in selling spirituous and other liquors, and, at the time when the bill was filed, was constructing a barroom within 15 feet of the front line of the lot in question. The bill prays that the defendants may be restrained from building the barroom or other structure within 30 feet of the front line of their lot, and from selling spirituous or other liquors on the premises described in their deed, and for further relief, etc.

The defenses set up in the pleadings are that the complainant Starr has abandoned and waived the restrictions by...