Mayor of New York v. Scott
New York Supreme Court
This was an action commenced in the justices’ court of the city of New York, to recover 18 dollars and 50 cents, for wharfage.
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This was an action commenced in the justices’ court of the city of New York, to recover 18 dollars and 50 cents, for wharfage. The suit being removed into the supreme court, a verdict was, by consent, entered for the plaintiffs, subject to the opinion of the court, on a case, which was shortly this: The lands which the corporation of New Yoi’k, under their charter, hold on Manhattan Island, and within the city, extend to low-water mark, and four hundred feet beyond that, in the Bast Eiver. To these are annexed, “ the right, benefit, and advantage of all docks, wharves, cranes, and slips, or…
1Opinion of the CourtLivingston, J.
This is an action for money had and received by the defendant, as wharfage, for vessels lying in what the plaintiffs call a slip, adjacent to that part of a pier which stands opposite Murray’s wharf. From the form of action the plaintiffs must show a title in them to demand this money. It is, therefore, unnecessary to inquire whether it belongs to the defendant or not. The corporation can have no such right, inasmuch as the land, on which the pier is erected, was *690never granted to them, nor was the soil under the watei where the vessel lay, for which this wharfage was paid, lío implied grant…
2Cited by6 opinions
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- Union Ferry Co. v. FairchildAppellate Division of the Supreme Court of the State of New York · 1920
- Marshall v. . GuionNew York Court of Appeals · 1854
- Mayor of Baltimore v. WhiteCourt of Appeals of Maryland · 1845
- Thompson v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1854
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