Drake v. New York Suburban Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Suburban Water Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of June, 1898, upon the decision of the court rendered after a trial at the Westchester Special Term ; also an appeal by the defendant, The New York Suburban Water Company, from the order or direction awarding the plaintiff an extra allowance of $2,000.
1Opinion of the Court
Cullen, J.:
The details of the controversy out of which-this action springs are fully narrated in the report of a prior appeal to this division of the . court. • (26 App. Div. 499.) The new trial ordered on the previous appeal was had-.hefore .the same-justice who originally decided the cause. He has rendered judgment in favor of the plaintiff, declaring that the mortgage executed by the New York City Suburban Water Company (the first of that name) was not a lien oñ the property of the consolidated corporation (also named the New York City Suburban Water Company); that the judgment entered in…
2Cases cited4 opinions
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Graham v. Boston, Hartford & Erie RailroadSupreme Court of the United States · 1886
- Polhemus v. Fitchburg RailroadNew York Court of Appeals · 1890
- Drake v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Smith v. Pacific Improvement Co.New York Supreme Court · 1918
- Treadwell v. United Verde Copper Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Inman v. New York Interurban Water Co.U.S. Circuit Court for the District of Southern New York · 1904
- Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921