Denman v. Prince
New York Supreme Court
THIS was an appeal by the plaintiff from a judgment of nonsuit, entered by direction of the justice, at the Sullivan circuit held in April, 1861. The action was brought to recover of the defendants their proportion of the expense incurred by the plaintiff in maintaining, building and repairing mill-dams, gates, bulkheads, &c.
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THIS was an appeal by the plaintiff from a judgment of nonsuit, entered by direction of the justice, at the Sullivan circuit held in April, 1861. The action was brought to recover of the defendants their proportion of the expense incurred by the plaintiff in maintaining, building and repairing mill-dams, gates, bulkheads, &c. The parties are adjoining proprietors; the plaintiff owning a grist-mill; the defendants owning together a saw-mill, both being supplied with water drawn from the Heversink stream, at a point about a mile above, by means of certain dams, gates, &c. and a channel leading…
1Opinion of the Court
By the Court, Miller, J.
The motion for a nonsuit on the trial of this case was granted upon the ground that the plaintiff, under the evidence, could not recover upon the complaint as framed, in this action. It does not distinctly appear in what respect the complaint was considered as insufficient to sustain the action, as the grounds upon which the motion for a nonsuit was based are not stated. It is perhaps fair to assume that it must have been either upon the ground that the judge considered that the action could not be maintained against the defendants jointly; or, as the parties were…
2Cases cited10 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Norman v. WellsNew York Supreme Court · 1837
- Emery v. . PeaseNew York Court of Appeals · 1859
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
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- In Re RaymondUnited States Bankruptcy Court, S.D. New York · 1991
- Porter v. MullerCalifornia Supreme Court · 1896
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