Legal Opinion

Whitney v. . the State of New York

New York Court of Appeals

Decided June 3, 1884PublishedCited by 9 opinions

, '■ ¿Appeal from order of the Board of Claims, made September 1883, dismissing a claim against the State presented to it by the appellants, upon the ground that the facts alleged do not constitute a valid claim. The facts alleged are set forth substantially in the opinion. The State did not take a fee in the land. (Mills on Eminent Domain, §§ 50,149,150, 151; Heyward v. Mayor, etc., 7 N. Y. 325 ;■ Brooldyn Parle Gomrnlrs v. Armstrong, 45 id. 241; Wash.

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, '■ ¿Appeal from order of the Board of Claims, made September 1883, dismissing a claim against the State presented to it by the appellants, upon the ground that the facts alleged do not constitute a valid claim. The facts alleged are set forth substantially in the opinion. The State did not take a fee in the land. (Mills on Eminent Domain, §§ 50,149,150, 151; Heyward v. Mayor, etc., 7 N. Y. 325 ;■ Brooldyn Parle Gomrnlrs v. Armstrong, 45 id. 241; Wash. Gom. v. P. P., ete., Go., 68 id. 597; Story v. H. Y. El. R. R. Go.,. 90 id. 172, 176; In re P. P. <& G. 1. R. R. Go., 36 Hun, 261.) Even if…

1Opinion of the Court

¡Miller, J.

The appellants presented to the Court of Claims a demand for damages which rests upon the ground that as assignees or heirs at law they are the owners in fee and hold title to a piece or parcel of land situate in the city of Binghamton, which was formerly taken by the State upon appraisal duly made for the purpose of constituting a portion of the Chenango canal.

It appears that on the 1st day of July, 1839, the land in question, containing forty-two one-hundredths of an acre, was owned by Lewis Squires and Joseph B. Abbott in connection with other lands upon which there had been a…

2Cases cited1 opinion

  1. People v. GuerraNew York Court of Appeals · 1985

3Cited by9 opinions

  1. Reichelderfer v. QuinnSupreme Court of the United States · 1932
  2. Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
  3. Louisville, New Albany & Chicago Railway Co. v. SnyderIndiana Supreme Court · 1889
  4. Brainerd v. StateNew York Court of Claims · 1911
  5. City of Schenectady v. StateNew York Court of Claims · 1957

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