Legal Opinion

Furman v. Mayor of New York

The Superior Court of New York City

Decided May 31, 1851PublishedCited by 19 opinions

This was a bill in equity, filed by the acting Executor and Trustee, under the will of Gabriel Furman deceased, and also by the heirs at law of said Furman, to restrain the Mayor, Aldermen, and Commonalty of New York from making or delivering to any person or persons a grant of the land under water in the East River, bounded easterly by Corlaers street, and southerly by South street, and situated immediately in front of the land granted to the said Gabriel Furman, as…

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This was a bill in equity, filed by the acting Executor and Trustee, under the will of Gabriel Furman deceased, and also by the heirs at law of said Furman, to restrain the Mayor, Aldermen, and Commonalty of New York from making or delivering to any person or persons a grant of the land under water in the East River, bounded easterly by Corlaers street, and southerly by South street, and situated immediately in front of the land granted to the said Gabriel Furman, as hereinafter stated. The facts, so far as they are necessary to enable the reader to understand the questions decided, are…

1Opinion of the Court

By the Court.

Mason, J.

The decision of this cause depends on the construction to be given to the first and second sections of the act concerning streets, wharves, and piers, in the city of New York, passed April 3, 1798.

The first section, which is substantially the same as t]ie two hundred and twentieth section of the act to reduce several laws relating particularly to the city of New York, into one act,passed April 9, 1813 (2 R. L., p. 432), authorizes the Mayor, Aldermen, and Commonalty of Now York, to lay out, according to such plan as they should agree upon, streets or wharves, of the…

2Cases cited1 opinion

  1. Rogers v. JonesNew York Supreme Court · 1828

3Cited by19 opinions

  1. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  2. The People v. . the Canal AppraisersNew York Court of Appeals · 1865
  3. Cory v. CarterIndiana Supreme Court · 1874
  4. Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  5. In re the Accounting of RathscheckNew York Court of Appeals · 1950

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