Holroyd v. . Town of Indian Lake
New York Court of Appeals
Appeal from a judgment entered July 11, 1903, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and directed that said complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered July 11, 1903, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and directed that said complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion. The water commissioners of the water district of Blue Mountain lake are the officers, agents and servants of the town of Indian Lake. (L. 1900, ch. 451, § 1; Fleming v. Village of Suspension Bridge, 92 N. Y. 372; King v. Village…
1Opinion of the CourtVann, J.
This is an action at law, brought to recover unliquidated damages from the defendant, a town in Hamil ton county, for the alleged breach of a contract made by the plaintiffs with certain water commissioners appointed under chapter 451 of the Laws of 1900, for the construction of a water plant in accordance with the provisions of said act.
The question presented by the appeal is raised by a demurrer interposed to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. That question depends upon the construction of said statute, which is a general…
2Cited by43 opinions
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- People v. ScottNew York Court of Appeals · 1970
- Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
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