Commonwealth Water Co. v. Village of Castleton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Village of Castleton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eensselaer on the 22d day of July, 1918, upon the decision of the court rendered after a trial before the court and a jury at the Eensselaer Trial Term, both parties having consented at the close of the trial that the issues be determined by the court without a jury.
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Appeal by the defendant, Village of Castleton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eensselaer on the 22d day of July, 1918, upon the decision of the court rendered after a trial before the court and a jury at the Eensselaer Trial Term, both parties having consented at the close of the trial that the issues be determined by the court without a jury. The opinion of the Trial Term is reported in Commonwealth Water Co. v. Village of Castleton (171 N. Y. Supp. 542).
1Opinion of the Court
John M. Kellogg, P. J.:
The complaint seeks to recover hydrant rentals, in its first count, upon a special contract, and, in its second count, upon a quantum meruit. May 26, 1897, the village made a contract with the Castleton Water Company, a corporation to whose rights and liabilities the plaintiff has succeeded, which, in *699consideration of the covenants and agreements therein contained “ and the permit granted by the ” village, required the plaintiff to establish a system of water works to supply the village with wholesome water and to have ready for use a certain number of street hydrants,…
2Cases cited3 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Cotriss v. Village of MedinaAppellate Division of the Supreme Court of the State of New York · 1910
- Cotriss v. . Village of MedinaNew York Court of Appeals · 1912
3Cited by3 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Aaron v. City of TiptonIndiana Supreme Court · 1941
- Ayers v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1931