Bennett v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Edison Electric Illuminating Company of Brooklyn, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of Flay,. 1897, as'denies its motion for a trial; of the equitable issues in the action at a Special; Term, or before the trial of the' remaining issues, without prejudice to the renewal of the motion at Trial Term before the trial…
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Appeal by the defendant, the Edison Electric Illuminating Company of Brooklyn, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of Flay,. 1897, as'denies its motion for a trial; of the equitable issues in the action at a Special; Term, or before the trial of the' remaining issues, without prejudice to the renewal of the motion at Trial Term before the trial court; also a motion made by the plaintiffs to dismiss the defendant’s appeal from'the. order. The appeal and motion were…
1Opinion of the Court
Hatch, J.:
The amended answer of the defendant averred that the written contract upon which plaintiffs’ action was based did not express the true contract between the parties. The written contract provided that the plaintiffs were to receive ten dollars per thousand gallons of water for each day of twenty-four hours. The contract claimed by the defendant to have been made provided that the plaintiffs should only receive one dollar per thousand gallons of water for each day of twenty-four hours. The answer avers that this change was made either through mistake or fraud, and asked in its prayer…
2Cases cited2 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
3Cited by5 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1913
- Menado Corp. v. Indemnity Insurance of North AmericaCivil Court of the City of New York · 1967
- White v. ShontsAppellate Division of the Supreme Court of the State of New York · 1913
- Messinger v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1940