Climax Specialty Co. v. Seneca Button Co.
New York Supreme Court
Demurrer to complaint.
1Opinion of the CourtSutherland, J.
The plaintiff states in the complaint that the action is brought “ for the benefit of itself and of all others who are similarly situated and interested in the questions involved herein and who may contribute to the expenses of the same.” ' The plaintiff’s cause of action as alleged may be briefly summarized as follows: The plaintiff owns mills and water rights in the village of Seneca Falls on the Dey race on the north side of Seneca outlet, also called Seneca river, the water for which race is made to flow therein by a wing dam across said stream. Farther up the stream is another dam by…
2Cases cited3 opinions
- Jarvis v. PalmerNew York Court of Chancery · 1845
- Hilton Bridge Construction Co. v. FosterNew York Supreme Court · 1899
- Lawrence v. . WhitneyNew York Court of Appeals · 1889
3Cited by2 opinions
- William Fox Amusement Co. v. McClellanNew York Supreme Court · 1909
- Nunnelly v. First Federal Bldg. Loan Ass'n of OgdenUtah Supreme Court · 1944