Pond v. . New Rochelle Water Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 20, 1905, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the affirmative defenses set up in the answer and holding that the complaint stated a cause of action, and from an interlocutory judgment entered thereon.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 20, 1905, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the affirmative defenses set up in the answer and holding that the complaint stated a cause of action, and from an interlocutory judgment entered thereon. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The mere fact that a party is an inhabitant of a village in this state and a private consumer of water…
1Opinion of the CourtBartlett, J.
The Appellate Division in allowing this appeal certified two questions,, as follows: (1) Does the complaint in this action state a cause of action ; and (2) is the affirmative matter set up in the answer sufficient in law upon the face thereof to constitute a defense in this action ? Neither the Special Term nor the Appellate Division handed down an opinion, and we are remitted to the record, as is frequently the case in appeals from all the departments, without the views of the Supreme Court.
The plaintiff, a resident of the village of Pelham Manor, Westchester county, and a customer of the…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Buchanan v. . TildenNew York Court of Appeals · 1899
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
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