Legal Opinion

Hackensack Water Co. v. Mayor of Hoboken

Supreme Court of New Jersey

Decided February 15, 1889PublishedCited by 2 opinions

Motion for judgment on postea. This is an action brought by the plaintiff to recover for water delivered by it into the main pipe of defendant’s water system, under a written contract between the parties to the suit. The cause was tried before the court below without a jury, and the transcript is returned to this court with the following “findings” : First.

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Motion for judgment on postea. This is an action brought by the plaintiff to recover for water delivered by it into the main pipe of defendant’s water system, under a written contract between the parties to the suit. The cause was tried before the court below without a jury, and the transcript is returned to this court with the following “findings” : First. That the writing of November 15th, 1881, purporting to be a contract between the plaintiff and the defendant, a copy of which is annexed to the declaration, was duly executed as it purports to be executed. Second. That for the purpose of…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

The circuit record and postea in this cause bring up certain “ findings ” of fact, upon which the plaintiff now moves this court for leave to enter judgment.

*223The plaintiff’s action is for water furnished to “ The Mayor and Council of the City of Hoboken,” the defendant, and the contested point is, whether the municipal corporation had the requisite power to contract with the plaintiff in the premises.

The contract, which is in writing, bears date November 15th, 1881, and is duly executed by the parties. From November 15th, 1882, the…

2Cited by2 opinions

  1. Hudson Trust & Savings Institution v. Carr-Curran Paper Mills Co.New Jersey Court of Chancery · 1899
  2. State ex rel. Hoboken Manufacturers Railroad v. Mayor of HobokenSupreme Court of New Jersey · 1908

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