Genet v. President of Delaware & H. Canal Co.
The Superior Court of the City of New York and Buffalo
Action by Augusta G. Genet against the president, managers, and company of the Delaware & Hudson Canal Company to rescind a contract, recover possession of land, and for an accounting and injunction. Judgment for defendants.
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Action by Augusta G. Genet against the president, managers, and company of the Delaware & Hudson Canal Company to rescind a contract, recover possession of land, and for an accounting and injunction. Judgment for defendants. The contract in suit is as follows: “Memorandum of agreement made and concluded this 28th day of March, A. D. one thousand eight hundred and sixty-four (1864), between George C. Genet and Augusta G. Genet, his wife, of the city, county, and state of New York, of the first part, and the president, managers, and company of the Delaware & Hudson Canal Company, of the second…
1Opinion of the CourtMcADAM, J.
The decision by the Second division of the court of appeals (122 N. Y. 505, 25 N. E. 922) authoritatively settles the law of this case (Cluff v. Day, 141 N. Y. 580, 36 N. E. 182; Williamsburgh Sav. Bank v. Town of Solon, 136 N. Y. 477, 32 N. E. 1058; Terry v. Wait, 56 N. Y. 91), and is conclusive as establishing in the defendants: (1) The right to use the shaft and breaker to mine coal from the surrounding lands concurrently with the mining in the Genet land. 122 N. Y. 524, 25 N. E. 922. (2) The right to connect the workings in the Genet land with the workings in the surrounding-lands. 122 N.…
2Cases cited19 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Bell v. MorrisonSupreme Court of the United States · 1828
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Brine v. Insurance Co.Supreme Court of the United States · 1878
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
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3Cited by5 opinions
- Spaeth v. KounsSupreme Court of Kansas · 1915
- Stotesbury v. HuberDistrict Court, E.D. New York · 1916
- Mallory Associates, Inc. v. Barving Realty Co.New York Supreme Court · 1948
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
- In re the Estate of Leo-WolfNew York Surrogate's Court · 1898