National Contracting Co. v. Hudson River Water Power Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 6, 1901, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term sustaining a demurrer to the third defense set up in the answer on the ground that the same “ is insufficient in law upon the face thereof.”
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 6, 1901, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term sustaining a demurrer to the third defense set up in the answer on the ground that the same “ is insufficient in law upon the face thereof.” The following is the question certified“.Is the third answer and defense set up in defendant’s answer to the amended complaint herein insufficient in law upon the face thereof % ” The nature of the action and the…
1Opinion of the CourtWerner, J.
The action is brought by the plaintiff to recover damages for alleged breaches of a contract entered into between the plaintiff and the defendant for the building of a dam across the Hudson river in the townships of Moreau and Luzerne in the counties of Saratoga and Warren, New York, at a point about five miles below Palmer’s Falls. Plaintiff’s right of action is predicated (1) upon the alleged failure of the defendant to make payments as provided for by the terms of the contract; (2) upon defendant’s interference with and prevention of the plaintiff’s right to build a dam of masonry as…
2Cases cited6 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Haggart v. . MorganNew York Court of Appeals · 1851
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
- Williams v. Hamilton Fire InsuranceAppellate Terms of the Supreme Court of New York · 1922
- Howe v. HaganAppellate Division of the Supreme Court of the State of New York · 1905
8 more not listed; retrieve them via the Exa API.