The Mayor, C., of New-York v. . Mabie
New York Court of Appeals
Appeal from a judgment of the superior court of the city of New York. The complaint alleged that the corporation of the city was entitled to certain wharfage accruing at the wharves in a certain district of the city, and payable in respect to such vessels as should lie against or touch at those wharves and the slip and piers thereof; that in April, 1850, the corporation, by writing under the corporate seal and the seal of Mabie, one of the defendants, demised and leased to…
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Appeal from a judgment of the superior court of the city of New York. The complaint alleged that the corporation of the city was entitled to certain wharfage accruing at the wharves in a certain district of the city, and payable in respect to such vessels as should lie against or touch at those wharves and the slip and piers thereof; that in April, 1850, the corporation, by writing under the corporate seal and the seal of Mabie, one of the defendants, demised and leased to him the right to collect such wharfage u; on all vessels of over five tons burthen, for the district referred to, for his…
1Opinion of the Court · DenioDenio, J.
It is not denied but that the acts imputed to the plaintiffs in the answer would, if established, be an infringement of the rights of Mabie, under the grant from the corporation. But it is argued by the plaintiffs’ counsel that the disturbance complained of was a mere wrong, unconnected with the contract upon which the action is brought; and that the only remedy which Mabie has, is to maintain a separate action for his damages. The case is the same, it is said, as though a stranger had interfered to The damage of Mabie. This would have entitled the latter to an action on the case; and it is…
Also in this document: Opinion of the Court · Crippen.
2Cases cited6 opinions
- Kinney v. WattsNew York Supreme Court · 1835
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Tone v. BraceNew York Court of Chancery · 1845
- Barney v. KeithNew York Supreme Court · 1830
- People ex rel. Sears v. WesterveltNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Avery v. DoughertyIndiana Supreme Court · 1885
- Koeber v. SomersWisconsin Supreme Court · 1901
55 more not listed; retrieve them via the Exa API.