Hudson Trust & Savings Institution v. Carr-Curran Paper Mills Co.
New Jersey Court of Chancery
The object of the bill is to foreclose two certain mortgages dated April 12th, 1894, both given to secure the same bond, which is conditioned to pay the sum of $15,000 in one year, with interest. One mortgage covers real estate, to wit, a paper-mill plant in the city of Hoboken, and the other personal chattels consisting of machinery, &c., situate therein. Two questions (among others) arise upon the pleadings and t he case made. First.
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The object of the bill is to foreclose two certain mortgages dated April 12th, 1894, both given to secure the same bond, which is conditioned to pay the sum of $15,000 in one year, with interest. One mortgage covers real estate, to wit, a paper-mill plant in the city of Hoboken, and the other personal chattels consisting of machinery, &c., situate therein. Two questions (among others) arise upon the pleadings and t he case made. First. The city of Hoboken claims a lien upon the premises’ paramount to complainant’s mortgages to the extent of $7,292.37, besides interest, for water furnished by…
1Opinion of the Court
Pitney, V. C.
I will first consider the right of the city of Hoboken to a lien for water furnished.
The inhabitants of the city of Hoboken were created a city under the act of March 28th, 1855. P. L. of 1855 p. 448. Among the numeration of powers of the common council contained in the fortieth section of the act we find in the fifth paragraph, power
“ to make all necessary arrangements for a full and copious supply of good and ■ wholesome water for public and private use ; to make ordinances for the distribution of the same, and to impose assessments for the use thereof, which assessments shall…
2Cases cited4 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Palmateer v. RobinsonSupreme Court of New Jersey · 1897
- Leatherbury v. ConnorSupreme Court of New Jersey · 1891
- Hackensack Water Co. v. Mayor of HobokenSupreme Court of New Jersey · 1889
3Cited by3 opinions
- Bk. of America v. La Reine Hotel Corp.New Jersey Court of Chancery · 1931
- Third Ave. B. L. Assn. v. ProtheroNew Jersey Court of Chancery · 1938
- Town of Ordway v. KaiserSupreme Court of Colorado · 1932