Johnstown Cheese Manufacturing Co. v. Veghte
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to restrain defendant from diverting water from plaintiff's cheese factory, audio recover damages for such diversion. In April, 1869, defendant conveyed to plaintiff certain premises by warranty deed.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to restrain defendant from diverting water from plaintiff's cheese factory, audio recover damages for such diversion. In April, 1869, defendant conveyed to plaintiff certain premises by warranty deed. The deed, after describing the premises conveyed by metes and bounds, continued as follows: “ Being the same lot now fenced in, and on which the building now called the cheese factory now stands,…
1Opinion of the CourtRapallo, J.
The defendant, in his deed of conveyance to the plaintiff of the cheese factory situated on his farm, granted to it the use of the water which was then conducted to the factory from the springs on defendant's lands not included in the conveyance, and of the pipes, etc., used in condiK ting such water, and he covenanted to warrant and defend the granted premises against himself and all other persons.
This deed shows upon its face that the factory was conveyed for the purpose of enabling the plaintiff to manufacture cheese therein, and that the use of the water was essential for that purpose,…
2Cases cited2 opinions
- The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
- Bliss v. . GreeleyNew York Court of Appeals · 1871
3Cited by15 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Paul v. City of SeattleWashington Supreme Court · 1905
- Davis v. SpauldingMassachusetts Supreme Judicial Court · 1892
- Commonwealth Water Co. v. BrunnerAppellate Division of the Supreme Court of the State of New York · 1916
- Johnson v. GouldWest Virginia Supreme Court · 1906
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