Legal Opinion

Treadwell v. Van Schaick

New York Supreme Court

Decided December 13, 1859PublishedCited by 5 opinions

THIS was an appeal, by the plaintiffs, from an order made at a special term, dissolving an injunction, and dismissing the plaintiffs’ complaint, with costs.

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THIS was an appeal, by the plaintiffs, from an order made at a special term, dissolving an injunction, and dismissing the plaintiffs’ complaint, with costs. The court found among other facts, the following: That the plaintiffs’ hotel and wash house used and consumed during the water year 1855, from May 1st, 1855, to May 1st, 1856, 36,072,744 gallons of Croton water; that the defendants, under the laws of the state and the ordinances of the city, as the officers and agents of the corporation, charged the plaintiffs one cent per 100 gallons for the water so used, and that the charge so made…

1Opinion of the Court

By the Court, Ingraham, J.

The defendants, being the members of the Croton aqueduct board, are prosecuted by the plaintiffs, who are proprietors of the St. Nicholas Hotel, to prevent them from cutting off the supply of Croton water, fin-non-payment of the amount charged for the use of the same.

It appears from the evidence, that in 1853 the plaintiffs paid for the use of the Croton water the sum of $1264.16, and for the year 1854, $1545.75. That in 1855 the defendants attached meters to the pipes leading to the premises of the plaintiffs, for ascertaining the quantity of water used by them, and…

2Cited by5 opinions

  1. Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
  2. Parsons Construction Corp. v. City of New YorkCity of New York Municipal Court · 1937
  3. Johnson-Kahn Co. v. ThompsonNew York Supreme Court · 1911
  4. Hill v. ThompsonThe Superior Court of New York City · 1882
  5. Silkman v. Board of Water Commissioners of YonkersNew York Supreme Court · 1893

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