Oakes v. Cattaraugus Water Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which denied a motion by plaintiff for a new trial and ordered judgment in favor of defendant upon a decision of the court on trial at Circuit non-suiting the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which denied a motion by plaintiff for a new trial and ordered judgment in favor of defendant upon a decision of the court on trial at Circuit non-suiting the plaintiff. This action was brought upon the following agreement: “ Cattaraugus, N. Y., Feb. 18, 1890. “ This agreement made by and between the Cattaraugus Water Company of Cattaraugus, N. Y., and F. S. Oakes, of the same place, Witnesseth: The Cattaraugus Water Company hereby agrees to and with F.…
1Opinion of the CourtO’Brien, J.
The trial court non-suited the plaintiff, and the principal question presented by the appeal is whether there was proof made which should have been submitted to the jury. The plaintiff made a request to that effect, which was denied and an exception taken. The defendant is a corporation organized under the provisions of chapter 737 of the Laws of 1873 and the acts amendatory thereof and supplementary thereto for the purpose of supplying the village of Cattaraugus with water. The certificate of incorporation was executed on the 3d day of March, 1890, but not filed in the proper office until…
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