Dunbarton Flax Spinning Co. v. Greenwich & Johnsville Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Dunbarton Flax Spinning Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 21st day of March, 1903, upon the report of a referee dismissing the plaintiff’s complaint The plaintiff is a foreign manufacturing corporation and has been engaged in its business of spinning flax, within the State of New York, since February 1, 1892. Not until the 15th day of…
Read the full summary
Appeal by the plaintiff, The Dunbarton Flax Spinning Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 21st day of March, 1903, upon the report of a referee dismissing the plaintiff’s complaint The plaintiff is a foreign manufacturing corporation and has been engaged in its business of spinning flax, within the State of New York, since February 1, 1892. Not until the 15th day of January, 1902, did it procure from the Secretary of State a certificate authorizing it to do business within this State. On…
1Opinion of the Court
Houghton, J.:
The action was brought in March, 1902, in equity to compel the defendant to remove a bridge, piers and embankment erected by it on the stream below plaintiff’s mill, because those structures interfered with the flow of the stream and caused the water and ice to flow back upon plaintiff’s property, destroying it and interfering with the operation of its mill and the carrying on of its business, to its damage in a considerable amount.
The answer, among other tilings, alleged that the plaintiff did not pay the license fee prescribed by the section of the Tax Law above referred to…
2Cases cited4 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- People v. . FormosaNew York Court of Appeals · 1892
- Lancaster v. Amsterdam Improvement Co.New York Court of Appeals · 1894
3Cited by10 opinions
- F. J. Emmerich Co. v. W. & J. SloaneAppellate Division of the Supreme Court of the State of New York · 1905
- Halsey v. Henry Jewett Dramatic Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ayer v. General Dynamics Corp.District Court, S.D. New York · 1979
- In re Avery's EstateNew York Surrogate's Court · 1904
- Skylake State Bank v. Solar Heat & Insulation of Central Utah, Inc.New York Supreme Court · 1990
5 more not listed; retrieve them via the Exa API.