Geneva-Seneca Electric Co. v. Economic Power & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Geneva-Seneca Electric Company, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ontario on the 22d day of January, 1909, upon the decision of the court rendered after a trial at the Monroe Special Term sustaining the defendants’ separate demurrers to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
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Appeal by the plaintiff, the Geneva-Seneca Electric Company, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ontario on the 22d day of January, 1909, upon the decision of the court rendered after a trial at the Monroe Special Term sustaining the defendants’ separate demurrers to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action was- commenced on the 16th day of April, 1908, to restrain the defendant Economic Power and Construction Company f romf…
1Opinion of the Court
McLennan, P. J.:
The allegations of the complaint, construed most broadly, are to the effect that the plaintiff is a corporation, created and existing under and pursuant to the laws of the State of New York, for.the purpose,.among others, of supplying to the defendant city and its inhabitants electricity for lighting and power purposes; that purr suabt to the provisions of its charter it or its predecessor corporation erected a large plant in said city, expending therefor a large amount of money to enable it to carry out the ^purposes of its incorporation ; that it obtained permission from the…
2Cases cited3 opinions
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Empire City Subway Co. v. Broadway & S. A. RailroadNew York Supreme Court · 1895
- Old Forge Co. v. WebbNew York Supreme Court · 1900
3Cited by4 opinions
- Memphis St. Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1915
- Memphis Street Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1917
- Holston River Electric Co. v. Hydro Electric Corp.Court of Appeals of Tennessee · 1933
- In re ClementsAppellate Division of the Supreme Court of the State of New York · 1920