Hudson River Power Transmission Co. v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Hudson River Power Transmission Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 4th day of April, 1904, upon the decision of the court, rendered after a trial at the Saratoga Special Term, overruling the plaintiff’s demurrer to certain counterclaims and defenses contained in the defendant’s answer.
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Appeal by the plaintiff, the Hudson River Power Transmission Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 4th day of April, 1904, upon the decision of the court, rendered after a trial at the Saratoga Special Term, overruling the plaintiff’s demurrer to certain counterclaims and defenses contained in the defendant’s answer. The plaintiff, “ the Hudson River Power Company,” brings this action against the defendant, “ the United Traction Company,” to recover damages for a breach of…
1Opinion of the Court
Parker, P. J.:
I do not concur with the trial judge in his construction of this complaint.
It states that the power company and the traction company, on or about August 1, 1901, “ entered into a contract in writing, bearing date on that day, ready to be produced when and where this court may direct, whereby,” etc., and then proceeds to give the substance of the agreement therein, as it understands it; sets forth wherein it claims the traction company has broken the same; states the balance due for “ energy ” delivered thereunder, and seeks to recover such balance and damages suffered on account…
2Cases cited6 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
- Prouty v. EatonNew York Supreme Court · 1863
- City of Schenectady v. FurmanNew York Supreme Court · 1891
- Reilly v. LeeNew York Supreme Court · 1895
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