New York Court of Appeals

Mary Eliza Rowland, Respondent v. Charles Miller, Appellant

October 3, 1893139 N.Y. 93

Summary

The Court of Appeals affirmed the lower court's judgment, holding that the restriction agreement's general clause prohibiting "injurious or offensive" businesses barred the undertaker's post‑mortem activities, that the covenant remains enforceable despite changes in the neighborhood, and that such covenants may be enforced without proof of nuisance by judicial notice.