The New York herald., 1921-11-15
CURB MARKET Is HIT
! BY COURTS ORDER
Temporary Injunction Halts
/ All Open Air Stock Selling
in City's Streets.
DENOUNCED AS NUISANCE
Supreme Court Justice Lydon
Scores Police for Failing
| to Stop Activities.

Supreme Court Justice Richard r.
Aydon yesterday granted a temporary
1rjunction which. unless set aside, will
knd. once and for all. any attempt to
maintain what for century and half
Aas been one of iwoer New YoNS's most
picturesque features-the open air curb
market in Broad street
In granting the injunction against the
Curb Stock and Bond Market OF New
York, Inc. which was formed after the
removal OF the old New York Curb
Market Association TO its new quarters
IN Trinity place. and which sought to
pcrpetuate the custom of street trad
Ing. Justice Lydon scores the Police
department. declaring that II the police
had done their duty and kept the street
Clear an Injunction restraining trading
would not have been necessary.
Justice Lydon characterized the prac-
tice of trading in the street as an ''un-
mitigated nuisance" and ridcules the
contention of the Curb Stock and Bond
Market That II Inherited the right TO
yae the street from the New York Curb
Market Association. There were no
rights, Justice Lydon declares, and the
Curb Market Association only enjoyed
the use of the street by reason of the
tolerance of the Police Department lie
declares the alleged statement OF the
defendant corporation that II obtained
permission OF the Mayor and Police
Commissioner to use the street for trad
ing purposes TO be unworthy of cre-
Gience.
The plaintiffs In the application for
permanent injunction are: The Broad
Exchange Company, owners of the
building at Is Broad street, opposite
the old curb market; the Western
Union Telegraph Company, the Johnson
Building Estates Corporation, the
White Oil Realty Corporation. the Wall
Street Journal Building Company. Fifty
one Broad Street, Inc, and the Sea-
board National Bank.
In a statement issued last night
Henry L. Cafey, secretary of tn, Curb,
Stock and Bond Market, the defendant
corporation said:
THE temporary injunction granted
BY Justice Lydon restraining the out
side curb brokers from tradng on the
curb will be Immediately appealed and
this appeal will be carried TO the high
est court of the country by the outside
curb brokers'
In his opinion Judge Lydon says In
part:
THE defendant claims that large
number OF persons, other than the
members of the defendant corporation,
rs well as some members of the cor
poration, have for q great many years
without interference on the part OF any
body. pursued peacefully their business
OF buying and selling securities in that
part of Broad street known as "the
curb 1t further states that this prac-
tice has followed q long established,
we'll recognized custom on Broad street
and its immediate vicinity dating back
150 years.
II do not understand the force OF this
allegation. as cannot believe that
either the defendants president or coun-
sci for the defendant has any idea that
they have acquired any rescriptive right
TO use the street and as far as the
plaintiffs go II IS continuing damage
THE statement that the Mayor and
Police Commissioner had approved and
consented TO such use OF the public
street cannot be given any credence
However, ono fact remains self-evident
and that is that the Police Department
had for years, by its inactivity. sane
toned the illegal use OF the street
THE occupancy of the street by the
defendant and its members is nothing
short of "A dagrant public nuisance. II
the police did their duty they would re-
move from Broad street all persons who
attempt TO use II for trading as com.
planned Of and there would be no need
OF an application for an injunction"
The Curb. Stock and Bond Market,
whose assumption of the privileges en-
5cyed by the Curb Market Association
caused the application for an injunction,
claims q membership of about two hun
(ivel.