Genet v. President of the Delaware & Hudson Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The President, Managers and -Company of the Delaware and Hudson Canal Company, from a 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 29th day of' December, 1897, upon the decision of the court rendered after a trial at the New York Special Term.
Read the full summary
Appeal by the defendant, The President, Managers and -Company of the Delaware and Hudson Canal Company, from a 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 29th day of' December, 1897, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought in February, 1893. The complaint set forth a contract of March 28, 1864, made between the plaintiff and her husband and the defendant, under which the defendant was authorized to mine for coal upon certain lands of the…
1Opinion of the Court
Van Brunt, P. J.:
An appeal from a judgment enteren in, favor of the defendant was before this court in March, 1896, and it will not be necessary to. rehearse again the facts which appeared in the opinion rendered ■ *331upon that appeal. (2 App. Div. 491.) Upon that appeal this court held that the court below might have been justified in finding that the contract had not been executed because of the exhaustion of the coal upon the land of the plaintiff, and that for that reason the defendant had no further rights thereunder; but that in view of the evidence which was offered the plaintiff might be…
2Cases cited5 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Conrow v. . LittleNew York Court of Appeals · 1889
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Pryor v. . FosterNew York Court of Appeals · 1891
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by11 opinions
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
- McNaught v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1910
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
- Dubinsky v. Blue Dale Dress Co.New York Supreme Court · 1936
- Lomb v. RichardNew York Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.