Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glens Falls Gas and Electric Light Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 19th day of August, 1903, upon the decision of the court, rendered after a trial at the Saratoga Special Term, sustaining the plaintiff’s demurrer to the counterclaim set up in the-amended answer of the said defendant.
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Appeal by the defendant, the Glens Falls Gas and Electric Light Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 19th day of August, 1903, upon the decision of the court, rendered after a trial at the Saratoga Special Term, sustaining the plaintiff’s demurrer to the counterclaim set up in the-amended answer of the said defendant. Plaintiff is a domestic corporation owning and controlling a dam in the Hudson river from which it obtains and furnishes electric, power. The defendant company,…
1Opinion of the Court
Smith, J.:
Plaintiff’s objections tó the counterclaim, as specified in the demurrer, are, first, that it is not sufficient in law upon the face thereof; and, secondly, that facts are not therein stated sufficient to constitute a cause of action. The objection first made is not an authorized ground of demurrer to a counterclaim within section 495 of the Code. The contention upon this appeal, that this is not a proper counterclaim within the provisions of the Code, cannot be here made because not specified in the demurrer. The sole question, then, for our determination is as to the sufficiency…
2Cited by2 opinions
- Hudson River Water Power Co. v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Smith v. SnowberAppellate Division of the Supreme Court of the State of New York · 1921