Legal Opinion

Eldridge v. . City of Binghamton

New York Court of Appeals

Decided April 29, 1890PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Supreme. Court in the fourth judicial department, entered upon an order made November 9, 1886, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action of ejectment to recover the possession of a parcel of land in the city of Binghamton that formerly constituted a part of the Chenango canal.

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Appeal from judgment of the General Term of the Supreme. Court in the fourth judicial department, entered upon an order made November 9, 1886, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action of ejectment to recover the possession of a parcel of land in the city of Binghamton that formerly constituted a part of the Chenango canal. The plaintiff’s claim of title is based upon various conveyances running back to Lewis Squires and Joseph B. Abbott, who, on September 1, 1836,…

1Opinion of the CourtVann, J.

By chapter 32 of the Laws of 1833, entitled “ An act for the construction of the Chenango Canal,” the canal commissioners were directed to “ proceed with all reasonable diligence to construct and complete a canal from Binghamton, in the county of Broome, up the valley of the Chenango river to its head-waters and thence by the most advantageous route to the Erie canal.” The Revised Statutes in force at that time provided that when any lands appropriated by the canal commissioners to the use of the public shall not be given or granted to the state, it shall be the duty of the canal appraisers…

2Cases cited12 opinions

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  2. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  3. Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Genet v. . City of BrooklynNew York Court of Appeals · 1885
  5. Sherman v. . KaneNew York Court of Appeals · 1881

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3Cited by21 opinions

  1. Bauman v. RossSupreme Court of the United States · 1897
  2. Reichelderfer v. QuinnSupreme Court of the United States · 1932
  3. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  4. Matter of City of New YorkNew York Court of Appeals · 1907
  5. City of Seattle v. FaussettWashington Supreme Court · 1923

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