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Record and Guide





March i8, 1899.





ducting Judicial sales In this county, and especially whether it Is
desirable and practicable to prevent two or more such sales being
held at tne same time, and that the Committee report hereon,
together with any proposed lesislation on the subject, at a future
meeting of the Association."

To a representative of the Record and Guide the mover of the
resolution said;

"The resolution looks to the abolition of the system thathasbeen
so long in vogue in this county of having all Judicial sales of real
estate held at 12 o'clock. It is not so material that the sales
should be held at a particular hour, as that they be held con¬
secutively and separately instead of simultaneously. It is as if
flve or six or eight causes should be tried at the same time and
in the same court room. While the argument applies with the
same reason to all auction sales of realty, of course the Associa¬
tion of the Bar, and the Bar at large can only take cognizance of
the subject of judicial sales, and there certainly is nothing judi¬
cial In the methods of the modern real estate aucLion room, where
any number, from two to ten, auctioneers are al! selling at the
same time. There is probably among laymen an impression that
the law requires that real estate should be sold always at noon
time, but this is an erroneous idea. It was suggested by some
member of the Association the other evening that it would be
necessary to go to the'Legislature in order to change the present
system, but that is not so, as the Judges of the Appellate Di¬
vision are authorized to regulate the whole general conduct of
judicial sales. I think also that there can be a Judicious prun¬
ing of the Terms of bale."

Mr. Levi was asked if he had any practical plan by which he
thought this change could be effected, to which he replied that
he had, but that he felt it would be improper for him to state it
until the matter has been reported by the Standing Committee to
the Bar Association.





THE WEST END ASSOCIATION.

The usual monthly meeting of the West End Association was
lield on 6th inst., with Cyrus Clark, President, in the chair, when
Alexander J. Howell, No. 49 West 89th street, and Gardiner
Ste-wart, No. 134 West 9Ist street, were elected members, and
the i-esignations of S. T. Cannon, P. C. Eberlin and W, H. Mc-
-Cord were accepted. Mr, Coleman reported the granting of the
temporary injunction asker for in matter of Amsterdam avenue.

A letter from Richard Croker, opposing four tracks, was read,
and another from Gardiner Stewart, relative to burglaries in the
neighborhood of Olst street, was referred to the Grievance Com¬
mittee.

A resolution was adopted asking the Commissioner of High¬
ways to pave Broadway (the Boulevard), on the east side from
119th street, and on the west side from 110th street to Man¬
hattan street, and referred to the Committee on Local Improve¬
ments  for action.

A resolution was also adopted instructing the Committee on
Grievances to take immediate action to procure drip-pans at
street crossings beneath the elevated road structure, better sani¬
tary conditions on that road, and additional stairways at 72d,
y3d and 104th streets.

On motion, Messrs, Doyle, Phelan, Harnett, Houghton and
Leaycraft were appointed a special committee to appear before
the Municipal Assembly and request the passage of an ordinance
providing that drivers of delivery wagons must be at least eigh¬
teen years of age, and must in driving turn corners at a walk.

There w^ere other resolutions relating to the Albany demon¬
stration against the four tracks on Amsterdam avenue, which It
Is not now necessary to report.





AN APARTMENT HOUSE A "FAMILV RESIDEOCE.'"

The Supreme Court—Appellate Division—has held in the case of
Hyman Sonn and Henry Sonn v. Herman Heilberg, in which
the defendant was sought to be restrained In the erection of a
six-story apartment house for the residence of families, upon
TSth street, between Amsterdam avenue and the Boulevard, be¬
cause of an alleged violation of a restriction: "Not to erect any
building or buildings * * * * not less than three stories in
height, and the same to be in every way adapted for use as a
family residence," that an apartment house is a family residence.

In the opinion i-endered by the Court, of which Erdman, Levy
& Mayer, attorneys for the defendant, send us a copy, it is
stated: The use of the word family in no sound sense qualifies
the purpo.^e to which the building should be put. It could
scarcely be claimed that if a single gentleman erected a housa
upon these premises, three stories in height, that he could not be
permitted to occupy it, although he had no family, in the or¬
dinary sense of that term. And so we conceive that he might
let the apartments in the house to other single gentlemen with¬
out it being supposed that he had violated the covenant restrict¬
ing the use to a family residence. Or suppose that a family in
literal sense did in tact erect and occupy a house answering to
the requirements of the covenant, would they be held to have
violated the terms of the covenant, if they let rooms in the house
to other families or boarded them therein? We think not; and
if not, how does the existence of a structure for the use of several
families contravene its provisions? The struetui'e does not cease
to be a family residence, although more than one family resides





therein, and there Is no limitation or restriction upon the use ot
the property save that it shall be used for the residence of a fam¬
ily, and that business shall not be carried on thereon. The pro¬
posed structure is in every way adapted to family use, and will
be used by families as a residence; and this being so, the pro¬
posed structure is in literal compliance with the covenant. If
the parties had in mind the exclusion of a building for the use of
more than one family, they should have ,so stated it In their
covenant; not having done so, the Court should not be called
upon to interpolate it.





OBITUARY.





MTOIRABL HARRISON, SR.
Michael Harrison, Senior, member of the flrm of M. Harrison &
Son, died at his home. No. 161 East 61st street, on March 15th,
after a short illness, from pneumonia. He was born in Ireland in
1822, and came to this country with his parents when he was
seven years old; at an early age he learned the trade of a tin
roofer, and in 1844 he started in the tin rooflng business in
Bayard street, between Forsyth and Chrystie streets, where he
continued to do business until 1889, after which he removed to
the building which he erected for the purposes of his business, at
Nos. 214 and 216 East 52d street, where he was actively engaged
until the time of his death. He was a resident of the Sixth Ward
during his early life, and a member of the Volunteer Fire Depart¬
ment, having been connected with Hose Co. No. 3. During the
past 40 years he has been a resident of the 19th Ward. He leaves
two sons and four daughters.





JOHN R. DOWNEY.
John R. Downey, whose death occurred on Wednesday morn¬
ing at his home. No. 19 West 45th street, was a member of the
weil-known building firm of John Downey. Mr. Downey started
in the building business in 1S70 in his father's office. Shortly af¬
terward he was taken into partnership. Among the more Im¬
portant structures which the flrm has erected are theWaldorf-
Astoria Hotel, New Netherland Hotel, Park Row Syndicate
Buiiding, Home Life Insurance Buiiding, and American Tract So¬
ciety Building. Mr. Downey was a member of a number of clubs
and associations, including the Euilding Trades Club. He leaves
a^ widow and five children. The Board of Directors of the Real
Estate Exchange appointed Douglas Robinson, H. H. Cammann
and E. A, Crulkshank a committee to represent them at the
funeral.





THE   STUDY   OF   REAL   ESTATE.

To the Editor of The Record and Guide:

Will you kindly inform me through your paper, what books
would be the most useful for me to study to enable me to acquire
a thorough knowledge of the -Real Estate and Brokerage busi-
.ness?                                                                       GEO.  DIERST.

March 13, 1899.

Answer.—We would recommend you to purchase: (1) "Guide
to Buyers and Sellers of Real Estate"'; (2) "Bearings of the Char¬
ter upon Real Estate," both of which are by Mr. George W. "Van
Siclen; (3) "Laws Relating to Building in New York City," by
Mr. Wm. J, Fryer; (4) "A History of Architecture, Building and
^Real Estate," The Record and Guide publishes these books.
There are also, of course, a number of strictly legal works on
real estate.





PROPOSED DISPERSION OF CHINATOWN.

The Board of Local Improvements of the Tenth District met on
Thursday, under the direction of President of the Borough Coo¬
gan, and passed the following: "Resolved, That the Board of
Local Improvements of the Tenth District of the Borough of Man¬
hattan, recommends to the Board of Public Improvements that
Pell street be widened from the Bowery to Mott street, and ex¬
tended through Mott street to Mulberry Bend Park, according to
the lines laid down in the map attached hereto," The map men¬
tioned is reproduced herewith, and below will be found a list of
the owners of the property affected and the amounts at which the
several parcels-are assessed for tax purposes. The object of this
improvement is to eradicate Chinatown, and to more effectually
secure which an extension of Elizabeth street, from Bayard street
to Chatham Square, cutting Doyers street in two on the way. Is
proposed. At the hearing that preceded the passing of the reso¬
lution the Rev. Dr. McLoughlin, rector of the Roman Catholic
Church of the Transfiguration, and Commodore Gerry, of the
Society for the Prevention of Cruelty to Children, favored the im¬
provement in the interest of the morality of the community, and
Job E. Heoges and Michael E. Muiqueen, representing property
owners, opposed It.

The names of the owners of the several parcels it Is proposed i
to take for the Pell street widening, with the assessed valua¬
tions of the latter, are: John S. Voss, No. 15 Pell street, $6,000;
J, N. Biggie, No. 13 Pell street, $8,000; C. L. Spencer, No. 11
Pell street, $12,000; L. B, Reed, No, 9 Pell street, $11,000; Will-
lam McKeon, No. 18 Bowery. $27,000; G. L. Specino. Nos. 34
and 36 Mott street. $35,000; A. Barbierl. No. 31 Pell street, $9,-
COO; E, Lodlam, No. 25 Pell street. $8,000; Sam. Weeks, No. 23
PeJI street, $G,500; B. H. King, No. 21 Pell street, $6,000; J. L^y-