Richman v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Bichman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 81st day of May, 1906, denying the plaintiff’s motion to continue pendente lite an injunction theretofore granted herein restraining the defendant from discontinuing, cutting off or refusing to continue to supply the plaintiff with gas at the premises No. 484 Sixth avenue, borough of Manhattan,…
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Appeal by the plaintiff, Jacob Bichman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 81st day of May, 1906, denying the plaintiff’s motion to continue pendente lite an injunction theretofore granted herein restraining the defendant from discontinuing, cutting off or refusing to continue to supply the plaintiff with gas at the premises No. 484 Sixth avenue, borough of Manhattan, city of New York, and from removing from said premises the gas -meter or other appliances for the supply of gas on…
1Dissent
McLaughlin, J. (dissenting):
In the main I do not disagree with Mr. Justice Laughlin as to the principles of law stated in his opinion, but I do not agree with him as to their application to the question here presented.
The defendant has, and on the twenty-fifth of May last when it presented its bill to the plaintiff had, nearly 400,000 consumers of gas in the city of Mew York, to whom it was its custom to render bills every month. In pursuance of this custom it rendered a bill to the plaintiff on the twenty-fifth of May for.gas furnished to him between the first and nineteenth of that month,…
2Cases cited8 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Brower v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1899
- Riedeman v. Mount Morris Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1900
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