People v. Freeman
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This is a submission of a controversy, upon facts admitted, pursuant to sections 1279 and 1280 of the Code of Civil Procedure.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This is a submission of a controversy, upon facts admitted, pursuant to sections 1279 and 1280 of the Code of Civil Procedure. The Canal Commissioners of the State, pursuant to law, made a so-called lease, dated April 1, 1843, to Zenas Van Dusen and William Van Dusen of certain surplus waters from the Glens Falls feeder and dam, forming part of the canal system' of the State, the water to be taken and drawn from the dam at such places as the Canal Commissioners should deem…
1Opinion of the Court
Kellogg, J.:
The “lease” óf these surplus waters Was valid and binding on the State. (Sweet v. City of Syracuse, 129 N. Y. 318) If the “lease ” was forfeited for the non-payment of the yearly “rental,” that event first occurred April 1, 1852, a-year after the first default in payment. - But the defendant and his predecessors in title have used said water'and enjoyed the full benefits of said “lease” ever since, the same as before, until about two years ago, when they ceased to *607use the water because the mill" was closed. Undoubtedly a forfeiture might have been declared for the first default in…
2Cases cited2 opinions
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Macaulay v. PalmerNew York Court of Appeals · 1891
3Cited by7 opinions
- Devoe v. LutzAppellate Division of the Supreme Court of the State of New York · 1909
- Rollin v. Grand Store Fixture Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Harvey v. Guaranty Trust Co.New York Supreme Court · 1929
- First National Bank v. Exchange National BankNew York Supreme Court · 1915
- Continental Bank & Trust Co. v. Tanager Construction Corp.New York Supreme Court · 1948
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