Legal Opinion
Morenken Building Corp. v. Long Island Water Co.
City of New York Municipal Court
Decided September 21, 1930Published
1Opinion of the CourtRussell, J.
Motion to dismiss complaint. The complaint alleges an exclusive right in defendant to lay water mains in certain *304sections of Queens borough; that on September 13, 1928, defendant filed a plan in the department of water supply, borough of Queens, of a proposed main in Mott avenue, which was duly approved, but that no main has since been laid; that defendant accepted a fee as a deposit for furnishing water in said avenue and gave its receipt therefor to an agent of plaintiff. An inspection of the same reveals it is practically a receipt of deposit and bears this wording in part: “ It is…
2Cases cited7 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- H. R. Moch Co. v. Rensselaer Water Co.New York Supreme Court · 1926
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