Morris v. Consolidated Edison Company of New York, Inc.

The action was brought to recover statutory penalties provided in the Transportation Corporations Law (§§ 12 and 15) for the failure of the defendant to supply electric service to the plaintiff commencing on April 24, 1941, at which time the defendant, without notice to the plaintiff, discontinued service. The defendant asserted, both as a defense and counterclaim, that by reason of the tampering' with the defendant’s meter and misappropriation of electric current the plaintiff was not entitled to be supplied with service and was indebted to the defendant for damages for the misappropriated…