Legal Opinion

National Contracting Co. v. Hudson River Water Power Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1905PublishedCited by 11 opinions

Appeal by the defendant, the Hudson River Water Power Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of April, 1905, upon the report of a referee.

1Opinion of the Court

Ingraham, J.:

This action is brought to recover damages for the breach of a contract for the construction of a dam across the Hudson river at Glens Falls in the State of New York. Tim action was tried before a referee, who reported in favor of plaintiff, and judgment was entered on that report, from which the defendant appeals. Upon the trial before the referee and after the plaintiff had opened his ease counsel for the defendant made a motion to dismiss the com*134plaint upon several grounds. Upon that‘motion he called the attention of the court, to the judgment of this court entered upon a…

2Cases cited3 opinions

  1. Cutler v. . WrightNew York Court of Appeals · 1860
  2. McMaster v. . the State of New YorkNew York Court of Appeals · 1888
  3. Fisher v. . GouldNew York Court of Appeals · 1880

3Cited by11 opinions

  1. L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
  2. Rose v. Imperial Engine Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
  4. Asphalt Construction Co. v. BoukerAppellate Division of the Supreme Court of the State of New York · 1908
  5. Peters v. Needham Piano & Organ Co.Appellate Division of the Supreme Court of the State of New York · 1908

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