Legal Opinion

Dean v. Benn

New York Supreme Court

Decided May 15, 1893Published

.Appeal by the plaintiffs, Luther L. Dean and others, from a judgment of the Supreme Court, entered in the office of the clerk of Montgomery county on the 5th day of February, 1892, upon a decision of the court rendered after a trial at the Montgomery Circuit, dismissing the plaintiffs’ complaint. . The 18th finding of fact made by the trial judge, referred to in the following opinion, was as follows: “In 1888, said Austin (the defendants’, grantor) and the plaintiffs…

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.Appeal by the plaintiffs, Luther L. Dean and others, from a judgment of the Supreme Court, entered in the office of the clerk of Montgomery county on the 5th day of February, 1892, upon a decision of the court rendered after a trial at the Montgomery Circuit, dismissing the plaintiffs’ complaint. . The 18th finding of fact made by the trial judge, referred to in the following opinion, was as follows: “In 1888, said Austin (the defendants’, grantor) and the plaintiffs settled a long-standing dispute about the boundary line between the said premises of the plaintiffs and the said premises of…

1Opinion of the Court

Herrick, J.:

It seems to me that plaintiffs acquiesced in the erection of the dam to such a height as to cause the damage, and that such acquiescence, together with their silence at the time of the exchange *521of the deeds mentioned in the 18th finding of fact, page 114 of the case, should prevent a recovery by them. I see no occasion for another opinion; it was sufficiently discussed by Judge Tappan. (See, also, §§ 816-818 of Pomeroy’s Eq. Juris.)

The judgment must be affirmed.

Mayham, P. J., and Putnam, J., concurred.

Judgment affirmed, with costs.

The following is the opinion of the trial court:

Tap…

2Cases cited26 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. Lampman v. . MilksNew York Court of Appeals · 1860
  3. Francis v. . SchoellkopfNew York Court of Appeals · 1873
  4. Wendell v. Van RensselaerNew York Court of Chancery · 1815
  5. Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872

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