Hartwell v. Mutual Life Ins.
New York Supreme Court
Appeal irom judgment on report of a referee. Action by William W. Hartwell and Ebenezer S. Winslow against the Mutual Life Insurance Company of New York and others, to determine the rights-of the parties in a water-power in Plattsburgh.
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Appeal irom judgment on report of a referee. Action by William W. Hartwell and Ebenezer S. Winslow against the Mutual Life Insurance Company of New York and others, to determine the rights-of the parties in a water-power in Plattsburgh. In 1829, Abraham D. Brinkerhoff, Jonathan Griffin, Bichard Keese, and Azariah 0. Flagg, as trustees,. etc., for the Bank of Plattsburgh, were the owners of the dam and pond in the village of Plattsburgh, and of all the land and water privileges connected therewith. They divided the property into mill lots, designated by them as the “Grist-Mill Lot,” and as…
1Opinion of the CourtLandon, J.
This action seems to have been brought and tried upon the theory that, because the different owners of the rights and privileges in and to the water-power of the dam across the Saranac river, in the village of Plattsburgh, all derived title from a common source, and did not all agree respecting the quantity of their respective rights and privileges, it was competent for one owner to bring all the others into court, and have the extent, quantity, and order of their respective rights and privileges defined and ■declared. This would be so if there were allegation and proof that one owner was…
Also in this document: Concurrence.
2Cases cited4 opinions
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
- Helck v. . ReinheimerNew York Court of Appeals · 1887
3Cited by2 opinions
- Dexter Sulphite Pulp & Paper Co. v. Jefferson Power Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Hall v. Sterling Iron & Railway Co.New York Supreme Court · 1893