Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.

Majority

p. 611

Hudson River Water Power Company, Appellant, v. Glens Falls Gas and Electric Light Company, Respondent, Impleaded with Another.

Headnote

Hudson River W. P. Oo. v. fflens Palls Gas & E. L. Go., 90 App. Div. 513 , affirmed.

(Argued April 26, 1904;

decided May 10, 1904.)

Appeal, by permission, from a judgment entered February 3, 1904, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term sustaining a demurrer to a counterclaim and overruled said demurrer.

The following question was certified: “ Does the counterclaim set forth in the amended answer of the defendant Glens Falls Gas and Electric Light Company state facts sufficient to constitute a cause of action ? ”

Rieha/rd Lockhart Hand and Henry W. Williams for appellant.

Howard Taylor for respondent.

Question certified answered in the affirmative and interlocutory judgment affirmed, with costs, with leave to serve reply within twenty days; no opinion.

Concur: Pabkeb, Ch. J., Gbay, Haight, Vann and Webneb, JJ. Dissenting: O’Brien and Babtlett, JJ.