Herkimer County Light & Power Co. v. Johnson
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy, upon an agreed statement of facts,, -pursuant to section 1279 of the Code of Civil Procedure. The plaintiff, at the date of the submission and for some years -previous thereto, was a domestic corporation, organized for the purpose of manufacturing and supplying gas, electric light, heat and power, having its principal office for transacting business at the village of Herkimer, in the town of Herkimer, New York.
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Submission of a controversy, upon an agreed statement of facts,, -pursuant to section 1279 of the Code of Civil Procedure. The plaintiff, at the date of the submission and for some years -previous thereto, was a domestic corporation, organized for the purpose of manufacturing and supplying gas, electric light, heat and power, having its principal office for transacting business at the village of Herkimer, in the town of Herkimer, New York. The defendants, at the date of the submission and for more than a, year previous thereto, were the assessors of the city of Little Palls, New York. In…
1DissentFollett, J.
Further consideration of this case leads me to the conclusion that it ought not to be decided on the submission, because all of the parties interested in the subject-matter are not before the court. It is apparent that the town and village of Herkimer, in which the principal place of business of the Herkimer County Light and Power Company is located, has the same interest in respect to the tax district in which the property of the corporation is assessable as has the city of Little Falls, and a judgment should never be rendered on a submission when it is apparent that persons or corporations…
2Cases cited5 opinions
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Trustees of Hobart College v. FitzhughNew York Court of Appeals · 1863
- Crosby v. ThedfordNew York Court of Common Pleas · 1885
- Department of Buildings v. FieldAppellate Division of the Supreme Court of the State of New York · 1896