Orton v. Noonan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. On the 8th of January, 1851, E. B. Wolcott, T. C. Dousman, and Z. A. and S D. Cotton, as parties of the first part, and J. A. Noonan and Peter McNab, as parties of the second part, executed an “indenture of lease,” which provided as follows: “The said parties of the first part, in consideration of the rents reserved and the covenants hereinafter contained, do hereby demise and lease unto the said parties of the second part,…
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APPEAL from the Circuit Court for Milwaukee County. On the 8th of January, 1851, E. B. Wolcott, T. C. Dousman, and Z. A. and S D. Cotton, as parties of the first part, and J. A. Noonan and Peter McNab, as parties of the second part, executed an “indenture of lease,” which provided as follows: “The said parties of the first part, in consideration of the rents reserved and the covenants hereinafter contained, do hereby demise and lease unto the said parties of the second part, their heirs, executors, administrators or assigns, one thousand cubic feet of water per minute from the water-power of…
1Opinion of the CourtDixon, C. J.
Aside from any complications or difficulties growing out of the protracted litigation between these parties (of which I shall speak hereafter), I cannot but regard the question now presented as a very plain one. I think it is so as well on the language of the lease as on authority. But if the language were less clear, or its construction doubtful, and yet the authorities clear, decided and unconflicting, as I conceive them to be here, it is just one of those questions upon which I should feel bound to defer to the opinion and judgment of other courts. It is a common law question as to the…
2Cases cited14 opinions
- Piggot v. MasonNew York Court of Chancery · 1829
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
- Hallett v. WylieNew York Supreme Court · 1808
- Rutgers v. HunterNew York Court of Chancery · 1822
- Chretien v. . DoneyNew York Court of Appeals · 1848
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Labor Hall Ass'n, Inc. v. DanielsenWashington Supreme Court · 1945
- Whalen v. ManleyWest Virginia Supreme Court · 1910
- McDowell v. LaevWisconsin Supreme Court · 1874
15 more not listed; retrieve them via the Exa API.