Wass v. . Stephens
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action for malicious prosecution.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action for malicious prosecution. It appeared that defendant, who owned or had control of certain water-works, on May 5, 1885, entered into a contract with the park commissioners of the city of Brooklyn to' supply water to Prospect park in said city, and defendant’s pipes were connected with mains belonging to the city, which were under the control of said commissioners. Said…
1Opinion of the CourtAndrews, J.
The right of the park commissioners of Brooklyn to terminate their contract of May 5, 1885, with the defendant at any time, and thereupon to disconnect the water pipes of the defendant from the mains in Ocean parkway belonging to the city and under the control of the commissioners was, by the contract, dependent upon the failure or neglect of the defendant to furnish water according to his proposal, otherwise it could not be terminated and the water could not be cut off until six months after notice given by the commissioners of their election to terminate the agreement. On November 26, 1886,…
2Cases cited2 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Anderson v. . HowNew York Court of Appeals · 1889
3Cited by60 opinions
- In Re the Estate of TrowbridgeNew York Court of Appeals · 1935
- Wyman v. Pan American Airways, Inc.New York Supreme Court · 1943
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- State v. SavreSupreme Court of Iowa · 1905
- State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
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