Bennet v. Hurd

New York Supreme Court

Bennet v. Hurd

3 Johns. 438

CourtNew York Supreme Court

DecidedAugust 15, 1808

StatusPublished

Cited by10 cases

This text of 3 Johns. 438 (Bennet v. Hurd) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennet v. Hurd, 3 Johns. 438 (N.Y. Super. Ct. 1808).

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Opinion

Per Curiam.

The proviso in the 35th section, on which the suit was brought, formed no part of the plaintiff’s title, but merely furnished matter of excuse for the defendant. It provides that persons erecting mills on the rivers declared to be public highways, and cutting canals for the use of the mills, so as not to injure the navigation, shall not be liable to the penalties of the act. It was not necessary, therefore, for the plaintiff to negative this proviso in his declaration.

Judgment affirmed.

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Per Curiam.

The proviso in the 35th section, on which the suit was brought, formed no part of the plaintiff’s title, but merely furnished matter of excuse for the defendant. It provides that persons erecting mills on the rivers declared to be public highways, and cutting canals for the use of the mills, so as not to injure the navigation, shall not be liable to the penalties of the act. It was not necessary, therefore, for the plaintiff to negative this proviso in his declaration.

Judgment affirmed.

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Bluebook (online)

3 Johns. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennet-v-hurd-nysupct-1808.

Opinion

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