
    THE SOCIETY FOR ESTABLISHING USEFUL MANUFACTURES v. THE MORRIS CANAL AND BANKING COMPANY.
    1. “The Society for Establishing Useful Manufactures,” incorporated in 1791, located at the falls of the Passaic, pulled down a gate and waste-way of the canal of “ The Morris Canal and Banking Company,” incorporated in 1824, and discharged the water from the canal into the Passaic above the falls. The canal company repaired the breach and filed their bill against the society for an injunction, which was granted. The society filed a cross-bill, setting up an agreement entered into between the canal company and them, in 1826, for the discharge of water from the canal into the Passaic above the falls, and stating that the canal company, in breach of the agreement, had nailed down the gates of the waste-way and stopped the flow of water from the canal to the river, and thereby broke the agreement; and praying a de-cree for the specific performance of the agreement. -
    2. A demurrer to the bill was overruled.
    The bill and cross-bill are sufficiently stated in the case of The Morris Canal and Banking Company v. The Soeiety for Establishing Useful Manufactures, reported ante, Vol. I., page 203.
    A demurrer was filed to the cross-bill.
    
      W. Hoisted, in support of the demurrer.
    He cited Story’s Eq. Pl., §§ 678, 631; Hopkins’ Rep. 84 ; 8 Cowen 361; 4 Hen. and Munf. 423; 2 Mad. Ch. Rep. 356; Ambler 452; 1 Bro. Ch. 125; 1 P. Wms. 371; 3 Atk. 276; 2 Ves., Sen., 193; 1 Coxe Ch. 102; 2 Ib. 4.
    
      W. Pennington and P. D. Vroom, contra.
    They cited Story’s Eq. Pl., §§ 391, 394, 413, 414, 415, 419; 12 Pick. Rep. 34, 169; Drury on Inj. 237, 9, 245, 298; 10 Ves. 193; 7 Ib. 307; 2 Atk. 83; 1 Ves., Sen., 543 ; 1 Ves., Jun., 140 ; 2 P. Wms. 266; 3 Ves., Sen., 414; 3 John. Ch. 287 ; Drury on Inj. 298 ; Story’s Eq. Pl., §§ 443, 628, 391; 2 Scho. and Lef. 199; Mitf. Pl. 81; Cooper Eq. Pl. 85, 86, 216 ; 1 Ves., Jr., 210, 213.
   The Chancellor.

The demurrer will be overruled.

Order accordingly.  