Douglass v. Wiggins
Douglass and others against Wiggins and another
Douglass v. Wiggins, 1 Johns. Ch. 435 (1815)
Headnotes
Injunction lies to prevent a lessee’s making material alterations in a dwelling • house, by changing it into a warehouse, or store, which would produce permanent injury to the building.
Summary
THIS was a bill for an injunction, to stay waste. It stated, that the defendants had taken a lease of a dwelling-house in Pearl-street, in the city of New-York, for four years, from the 1st of May, 1815; that the lease provided, that the defendants were to lay out 300 dollars in improvements, to be approved of by the lessors; that, against the consent of the lessors, the defendants were converting the whole dwelling house into a store, and were prostrating partitions, and cutting through the ceilings and floors in the second and third stories, and fixing a wheel and tackle in the third story to raise heavy packages, which would he to the great and constant injury of the building, as the timbers in the third story were weak.
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Opinion of the Court
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The Chancellor.
Let the injunction issue.
Motion granted.
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