Huyck v. . Andrews
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme (Court in the third judicial department, entered upon an order :made the first Tuesday of May, 18S6, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme (Court in the third judicial department, entered upon an order :made the first Tuesday of May, 18S6, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Facts of public notoriety relating to the subject of a contract must be presumed to have been known to the parties at the time of the making of the .contract. (Woodruff v. Woodruff, 52 N. Y. 53; Reynolds v. C. Ins. Co., 47 id. 597; Gallagher v. Boden, 4…
1Opinion of the CourtEarl, J.
In March, 1880, the defendant conveyed to Maria W. Huyck, plaintiff’s- intestate, by what is commonly known as a full covenant deed, certain land situate in the town of Coeymans, in the county of Albany, which, as described in the deed, contained the whole of Hawneycroix creek within its boundaries. ■ Prior thereto Amos Briggs had received a deed of adjoining land on the east side of the creek, which conveyed to him with the land an easement, as follows: “ The right to the use of the whole of the water of the said Hawneycroix kill or creek; also the right to erect and maintain a dam across…
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