Johnstown Mining Co. v. Butte & Boston Consolidated Mining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Johnstown Mining Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of March, 1900, denying the plaintiff’s motion to continue a preliminary injunction theretofore granted in the action, and also from an order made at the New York Special Term and entered in said clerk’s office on the 27th day of April, 1900, denying the plaintiff’s motion…
Read the full summary
Appeal by the plaintiff, the Johnstown Mining Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of March, 1900, denying the plaintiff’s motion to continue a preliminary injunction theretofore granted in the action, and also from an order made at the New York Special Term and entered in said clerk’s office on the 27th day of April, 1900, denying the plaintiff’s motion to resettle the order refusing to continue the preliminary injunction.
1Opinion of the Court
Hatch, J.:
The plaintiff brought this action for the purpose of reforming a certain contract executed by the defendant and one Heinze, whereby certain rights were acquired to make use of certain premises owned by the defendant for dumping slag and refuse from the plaintiff’s mining plant. Heinze conveyed his interest in the contract to the Montana Ore Purchasing Company, and the plaintiff claims some interest in such contract. So far as important to any question arising upon this appeal, the question in dispute appears to be as to the rights of the plaintiff to have a reformation of the…
2Cases cited3 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- Montana Ore Purchasing Co. v. Butte & Boston Consolidated Mining Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Damon Creations, Inc. v. James Talcott, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Waterloo, Cedar Falls & Northern Railway Co. v. BurrellSupreme Court of Iowa · 1918
- Dougherty v. Lion Fire InsuranceNew York Supreme Court · 1903
- Richman v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1906