Simmons v. . Cloonan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 7 Hun, 470.) This action was brought to restrain the defendants from interfering with the alleged right of plaintiffs to the use of the water from a reservoir or pond upon lands belonging to defendant Cloonan.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 7 Hun, 470.) This action was brought to restrain the defendants from interfering with the alleged right of plaintiffs to the use of the water from a reservoir or pond upon lands belonging to defendant Cloonan. The case upon a former appeal is reported in 47 1ST. Y. 3. The substance of the facts, as found by the referee, is as follows: In March, "1850, Jansen Hasbrouck, being the owner of…
1Opinion of the CourtFinch, J.
The facts in this case have changed since it v as last before us. Then it appeared that Brown had assigned his contract for the purchase of what is called the new mill lot to Smith, under whom the plaintiffs claim, and, therefore, that the deed of Ilasbrouck to Smith was in fulfillment of that agreement, and the date of the sale to Smith was the date of the contract. Inasmuch as at that date the new mill was not in existence, and no water right was in any manner in use upon the lot, or appurtenant to it, the. conclusion necessarily followed that such right did not pass by the deed to Smith,…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Curtiss v. . AyraultNew York Court of Appeals · 1871
- Simmons v. . CloonanNew York Court of Appeals · 1871
- Phelps v. . McDonaldNew York Court of Appeals · 1862
3Cited by41 opinions
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Scott v. MooreSupreme Court of Virginia · 1900
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
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