Torrance v. . Conger
New York Court of Appeals
Appeal by the defendant from a judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment entered on the report of a referee. The action is to recover damages for the breach of the covenant, contained in a deed executed by,-the defendant to the plaintiff, conveying a flouring and grist-mill/ and the premises upon which the mill is situated.
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Appeal by the defendant from a judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment entered on the report of a referee. The action is to recover damages for the breach of the covenant, contained in a deed executed by,-the defendant to the plaintiff, conveying a flouring and grist-mill/ and the premises upon which the mill is situated. The covenant, so far as relates to this action, is in the words following : “ Together with the privilege of taking from the, mill-race 375 cubic inches of water under thirteen feet head, at all' times, when…
1Opinion of the CourtBapallo, J.
The Supreme Court, at General Term, held that the words “ 375 inches of water under thirteen feet head,” a§ used in the deed from the defendant, were not controlling as to the head under which the water should be taken or furnished, and did not bind the defendant to furnish any particular head, but were used simply as a measurement of the quantity of water which the plaintiff was entitled to draw from the defendant’s race.
According to this construction, the plaintiff had the right to take the water under any head he might elect, and find practicable, so long as he did not consume a greater…
Also in this document: Dissent.
2Cited by5 opinions
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Moore v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1933
- Dexter Sulphite Pulp & Paper Co. v. Jefferson Power Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Nixon v. BrownSupreme Court of New Hampshire · 1876
- Torrance v. CongerNew York Supreme Court · 1873