Legal Opinion · Dissent

Bath Gas Light Co. v. . Claffy

New York Court of Appeals

Decided December 1, 1896Published

Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinions.

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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinions. The contract leasing, for a term of years, all the property and corporate rights of the plaintiff to the defendant, the United Gas, Fuel and Light Company, is void as against public policy. (People v. N. R. S. R. Co., 121 N. Y. 582; N. O. G. Co. v. L.…

1DissentVann, J.

This action was founded upon a written instrument in the following form, viz. :

“ Know all men by these presents, that the United Gas, Fuel and Light Company, a corporation organized under the laws of Maine, and having a place of business in Gardiner, in that state, as principal, and John Claffy, of Brooklyn, Kings county, and state of Hew York, and John T. Rowland, of Jersey City, Hudson county, and state of Hew Jersey, as sureties, are holden and stand firmly bound and obliged unto the Bath Gas Light Company, a corporation organized under the laws of Maine, and having a place of business in…

2Cases cited38 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  3. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  4. Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
  5. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875

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