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The Supreme Court has long held that the Contract Clause limits a state’s power to regulate contracts between private parties. In the 1819 case Sturges v. Crowninshield, the Court examined a New York bankruptcy law that allowed insolvent debtors to obtain the discharge of their debts by surrendering their property. 1.
For thirty years, a maker of confections conducted business in a property that use two large mortars that made a substantial amount of noise when operating. A physician, who previously had a garden in the area directly behind the mortar, decided to convert the garden into a consultation room.
Jan 22, 2024 · Thorin, as Manager of Fafo, and Sturges Karban as the sole owner-member of Fafo, have thereby obtained, by misrepresentations to, fraudulent deception of, and theft from the Plaintiffs, exclusive ownership and unlimited control of the RV Mine.
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The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within. His shed was on the boundary of the property and happened to be next door to a confectioner. The confectioner had produced sweets in his kitchen for many years before the doctor had moved in. The doctor alleged...
Whether the doctor could claim loss of amenity when he had ‘moved to the nuisance’ or not. Whether the character of the area or locality as a residential area meant that there was a nuisance.
There was a nuisance, and the fact that the doctor had ‘moved to the nuisance’ was no defence to the nuisance itself. Nor was there an easement acquired by the confectioner through long usage that entitled him to continue with his actions. What constitutes a nuisance was to be decided on a case to case basis, and it is necessary to consider the par...
Oct 16, 2023 · Thorin Resources CEO Sturges Karban told Ouray County commissioners at a Sept. 12 meeting that his company is entirely devoted to the Camp Bird Mine, acquired several years ago and located nearby, and now the Revenue-Virginius Mine.
Court of Appeal. Citations: (1879) 11 Ch D 852; (1879) 43 JP 716; (1879) 48 LJ Ch 785; (1879) 41 LT 219. Facts. The defendant was a confectioner whose premises neighboured the claimant’s home. The defendant used a noisy pestle and mortar from around 10am to around 1pm each day.
Sturges v. Bridgman. 11 C.D. 852 (1879) The Plaintiff in this case was a physician. In the year 1865 he purchased the lease of a house in Wimpole Street, London, which he occupied as his professional residence. Wimpole Street runs north and south, and is crossed at right angles by Wigmore Street.
