Remington v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Harvey F. Remington, from a judgment of the Court of Claims of the State of New York, rendered on the 18th day of June, 1906, dismissing the appellant’s claim.
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Appeal by the claimant, Harvey F. Remington, from a judgment of the Court of Claims of the State of New York, rendered on the 18th day of June, 1906, dismissing the appellant’s claim. The claim was filed May 15, 1906, and is one based upon allegatians tlia't the State through its Forest, Fish and Game.Commission.in the year 1898 entered upon certain lands and waters which, then belonged to claimant’s grantors in the town of Wheatland, Monroe county and which were conveyed to the claimant December 21, 1905,. and constructed buildings, dams, ponds and Weirs thereon for the purpose of the…
1Opinion of the Court
Chester, J.:
If the entry and use were made by the, State with the permission of the owner there, would be an implied agreement on the part of the State to pay the fair value of the use and occupation. (Collyer v. Collyer, 113 N. Y. 448; Coit v. Planer, 4 Abb. Pr. [N. S.] 140.) A stranger to the title, however, could give no valid permission to such entry and use, and if, as is alleged, the State entered and itsed the lands and waters upon the mistaken supposition that it had the consent of the owner when in fact it had no such consent, the acts would constitute a trespass unless they were…
2Cases cited3 opinions
- Litchfield v. . BondNew York Court of Appeals · 1906
- Collyer v. . CollyerNew York Court of Appeals · 1889
- Litchfield v. BondAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Laverne v. CorningDistrict Court, S.D. New York · 1974
- Reese v. StateNew York Court of Claims · 1947
- Nussbaum v. StateAppellate Division of the Supreme Court of the State of New York · 1907
- Bastian v. StateNew York Court of Claims · 1918
- People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
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