Legal Opinion

Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.

New York Court of Appeals

Decided May 10, 1904PublishedCited by 1 opinion

Appeal, by permission, from a judgment entered February 3, 1904, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term sustaining a demurrer to a counterclaim and overruled said demurrer.

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Appeal, by permission, from a judgment entered February 3, 1904, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term sustaining a demurrer to a counterclaim and overruled said demurrer. The following question was certified: “ Does the counterclaim set forth in the amended answer of the defendant Glens Falls Gas and Electric Light Company state facts sufficient to constitute a cause of action ? ”

1Opinion of the Court

Question certified answered in the affirmative and interlocutory judgment affirmed, with costs, with leave to serve reply within twenty days; no opinion.

Concur: Pabkeb, Ch. J., Gbay, Haight, Vann and Webneb, JJ. Dissenting: O’Brien and Babtlett, JJ.

2Cited by1 opinion

  1. Hudson River Water Power Co. v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905