Inderlied v. Whaley
New York Supreme Court
Appeal from circuit court, Delaware county. Action by Herman F. Inderlied and another against Nicholas Whaley. The complaint was dismissed, and plaintiffs appeal. Affirmed.
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Appeal from circuit court, Delaware county. Action by Herman F. Inderlied and another against Nicholas Whaley. The complaint was dismissed, and plaintiffs appeal. Affirmed. Prior to April, 1886, the plaintiffs were the proprietors of a large manufactory of wood chemicals at Rock Rift, Delaware county, and had acquired the right to pond, and, by means of flumes and ditches, convey to their manufactory, for use therein, the waters of a stream known, as “Chace’s Brook,” which is a small mountain stream, about two miles in length, and flows down a narrow valley, through lands owned by several…
1Opinion of the CourtHardin, P. J.
Plaintiffs’ former action was brought on the equity side of the court, and sustained, because of the alleged wrongs and wrongful acts of the defendant mentioned in the complaint in that action. Plaintiffs’ action was maintained by reason of the alleged wrongs and trespasses of the defendant under the acknowledged head of equity giving power to the court to prevent a multiplicity of suits, and alleging a recovery of damages as incidental .to the equity relief. Williams v. Railroad Co., 16 N. Y. 111; Davis v. Lambertson, 56 Barb. 480; Hutchins v. Smith, 63 Barb. 252. In that action plaintiffs…
2Cases cited17 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Jordan v. . Van EppsNew York Court of Appeals · 1881
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3Cited by4 opinions
- Giannone v. York Tape & Label, Inc.Court of Appeals for the Second Circuit · 2008
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Giannone v. York Tape & Label, Inc.Court of Appeals for the Second Circuit · 2008