New York Water Co. v. Crow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Americas- F. Callahan and others, from a judgment of thp Siipreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Westchester on the 9th day of February,-1905, upon the decision of the court rendered after a trial'at the Kings County Special Term.
1Opinion of the Court
Jenks J.:
I think that there is evidence sufficient to support the judgment. The action is in equity against the heirs and judgment creditors of Moses R. Crow,,-to fasten a trust upon two lots of land whereon are *33situated a source of. supply and a pumphouse of a water company. Crow made a contract with that company, organized in 1890, to establish and to turn over a complete water system in exchange for substantially all of its bonds and capital stock. Both parties substantially performed the contract, and the plant has been in the continuous possession of the company and its successors since…
2Cases cited8 opinions
- Cox v. . StokesNew York Court of Appeals · 1898
- Rodgers v. . BonnerNew York Court of Appeals · 1871
- Lyon v. . RickerNew York Court of Appeals · 1894
- Chadwick v. . FonnerNew York Court of Appeals · 1877
- Pitts v. . WilderNew York Court of Appeals · 1848
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3Cited by2 opinions
- Weibert v. HananAppellate Division of the Supreme Court of the State of New York · 1910
- United States Mortgage & Trust Co. v. Eastern Iron Co.Appellate Division of the Supreme Court of the State of New York · 1907