Legal Opinion

Drake v. New York Suburban Water Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1899PublishedCited by 2 opinions

Appeal from special term, Westchester county. Bill by John B. Drake against the Hew York Suburban Water Company and others. There was a decree for plaintiff, and defendants appeal.

1Opinion of the CourtCullen, J.

The details of the controversy out of which this action springs are fully narrated in the report of a prior appeal to this division of the court. 26 App. Div. 499, 50 N. Y. Supp. 826. The new trial ordered on the previous appeal was had before the same justice who originally decided the cause. He has rendered judgment in favor of the plaintiff, declaring that the mortgage executed by the New York City Suburban Water Company (the first of that name) was not a lien on the property of the consolidated corporation (also named the Rew York City Suburban Water Company); that the judgment entered in…

2Cases cited5 opinions

  1. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  2. Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
  3. Graham v. Boston, Hartford & Erie RailroadSupreme Court of the United States · 1886
  4. Polhemus v. Fitchburg RailroadNew York Court of Appeals · 1890
  5. Drake v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Inman v. New York Interurban Water Co.U.S. Circuit Court for the District of Southern New York · 1904
  2. Drake v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1899

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