Gould v. Partridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ellen B-. Partridge, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Seneca on the 5th day of June, 1899, upon the decision of the court, rendered after a trial at the Seneca Special Term, overruling her demurrer to the complaint.
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Appeal by the defendant, Ellen B-. Partridge, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Seneca on the 5th day of June, 1899, upon the decision of the court, rendered after a trial at the Seneca Special Term, overruling her demurrer to the complaint. Prior to the year 1872 the Phoenix Hills, a domestic corporation, was the owner in fee and possessed of certain premises located upon the bank of Seneca river in the village of Seneca Falls, and also of a water power appurtenant thereto. Upon the westerly end…
1Opinion of the Court
Adams, P. J.:
Upon the foregoing facts the counsel for the defendant contends that the provision of the Phoenix Mills deed for furnishing power to Howe, its grantee, should be treated simply as a personal contract or covenant to sell power from an appliance then upon the premises; that while possibly it might be regarded as in the nature of an easement to take from the wheel in the Stone Mills force oten ergy to the extent of certain specified horse power, it was in no sense a grant of realty or of any interest therein. In short, that the provision, by whatever name it may be called, does not…
2Cases cited5 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Norman v. WellsNew York Supreme Court · 1837
- Cole v. . HughesNew York Court of Appeals · 1873
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Denman v. PrinceNew York Supreme Court · 1862
3Cited by8 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
- Miller v. ClaryAppellate Division of the Supreme Court of the State of New York · 1911
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
- Miller v. ClaryNew York Supreme Court · 1911
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