Herkimer Lumber Co. v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The State of New York, from a judgment of the Court of Claims in favor of the plaintiff, entered in the office of the clerk of said court on the 15th day of January, 1919, with notice of intention to bring up for review the intermediate order entered in said clerk’s office on the 8th day of January, 1919, denying defendant’s motion to dismiss the amended claim, and also to bring up for review the intermediate order entered in said clerk’s office on…
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Appeal by the defendant, The State of New York, from a judgment of the Court of Claims in favor of the plaintiff, entered in the office of the clerk of said court on the 15th day of January, 1919, with notice of intention to bring up for review the intermediate order entered in said clerk’s office on the 8th day of January, 1919, denying defendant’s motion to dismiss the amended claim, and also to bring up for review the intermediate order entered in said clerk’s office on the 8th day of January, 1919, denying defendant’s motion to vacate an order allowing an amendment of the plaintiff’s…
1Opinion of the Court
Clark, J.:
In January, 1911, plaintiff filed with the Court of Claims a verified claim for damages in the amount of $73,017.96 and interest, alleged to have been sustained by it by reason of the State’s interfering with certain lumber operations in which it was engaged on lands the title to which was in dispute between the parties.
Claimant urged that its business had been interrupted by the action of the Attorney-General of the State in sending a telegram requesting claimant to cease its lumbering operations on the disputed property, and in subsequently obtaining an injunction restraining it…
2Cases cited6 opinions
- Litchfield v. . BondNew York Court of Appeals · 1906
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Konner v. . State of New YorkNew York Court of Appeals · 1920
- City of Yonkers v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910
- City of Yonkers v. . the Federal Sugar Refining CompanyNew York Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rauschan v. State Compensation Insurance FundCalifornia Court of Appeal · 1927
- Howell v. Port of New York AuthorityDistrict Court, D. New Jersey · 1940
- State v. BrubeckIndiana Supreme Court · 1930
- People v. Finch, Pruyn & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- City of Utica v. HannaAppellate Division of the Supreme Court of the State of New York · 1927
1 more not listed; retrieve them via the Exa API.