Burns v. Niagara, Lockport & Ontario Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by • the ■ defendants, the Niagara, Lockport and Ontario Power Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of January, 1911, upon the decision of the court rendered after a trial at the New York Special Term overruling the defendants’ demurrers to the amended complaint.
1Opinion of the Court
Scott, J.:
Appeal from interlocutory judgment overruling demurrers to the amended complaint.
The complaint shows in brief that defendant Luther made a contract with the Niagara, Lockport and Ontario Power Company for the construction of a canal from the Niagara river to Lake Ontario for certain considerations not relevant to this appeal; that, in consideration of promises of co-operation on them part, Luther agreed to give to Ekner Z. Burns, Bred L. Corey and B. P King, each, one-quarter of the moneys, stock and bonds, which he (Luther) might realize out of the enterprise; that said Bums, Corey…
2Cases cited4 opinions
- Hirsh v. . AuerNew York Court of Appeals · 1895
- Mawhinney v. BlissAppellate Division of the Supreme Court of the State of New York · 1908
- International Paper Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Mawhinney v. . BlissNew York Court of Appeals · 1909
3Cited by3 opinions
- Colorado & Southern Railway Co. v. BlairNew York Supreme Court · 1913
- Kortlander v. BradfordNew York Supreme Court · 1921
- Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914