Hudson River Water Power Co. v. Glens Falls Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Hudson River Water Power Company, and by the defendant, the Glens Falls Gas and Electric Light Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Saratoga on the 22d day of March, 1905, upon the decision of the court, rendered after a tidal at the Saratoga Special' Term, dismissing the complaint upon the merits, and awarding damages to the defendant Glens Falls Gas and Electric Light Company against…
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Appeal by the plaintiff, the Hudson River Water Power Company, and by the defendant, the Glens Falls Gas and Electric Light Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Saratoga on the 22d day of March, 1905, upon the decision of the court, rendered after a tidal at the Saratoga Special' Term, dismissing the complaint upon the merits, and awarding damages to the defendant Glens Falls Gas and Electric Light Company against the plaintiff, but adjudging that siiid defendant have no further relief against plaintiff. The action is one arising…
1Opinion of the Court
Chester, J.:
This court decided upon a former appeal that the counterclaim interposed by the light company stated a cause of action (90 App. Div. 513; affd., 178 N. Y. 611). This decision materially limits the scope of our present inquiry.
Upon the former appeal it is true this court did not deem it nec*554essary to determine the question whether the contract was assignáble or not yet in its opinion on that appeal it was said that, the plaintiff “ must' be held to have accepted the light company as the party entitled to the contract which it had executed originally with the cement company, unless…
2Cases cited3 opinions
- Sherman v. . FosterNew York Court of Appeals · 1899
- Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.New York Court of Appeals · 1904
3Cited by2 opinions
- Central Power & Light Co. v. PurvisCourt of Appeals of Texas · 1934
- Central Power & Light Co. v. PurvisCourt of Appeals of Texas · 1934