People v. Wanzer
New York Supreme Court
Hearing on the returns to writs of habeas corpus and certiorari, the defendants having been held by a magistrate of the borough of Brooklyn for the grand jury on a charge of grand larceny for stealing a quantity of clams in Jamaica Bay, the same having been planted there by one Denton, the prosecutor.
1Opinion of the Court
Gaynor, J.:
Oysters or clams which are planted under public water in a bed where they do not exist naturally, and which is set off or enclosed by stakes, or otherwise, sufficiently to show private possession, are not a part of the realty, but chattels, and a subject of conversion and larceny (Fleet v. Hegeman, 14 Wend. 44; Decker v. Fisher, 4 Barb. 592; Brinckerhoff v. Starkins, 11 Barb. 248; Lowndes v. Dickerson, 34 Barb. 586; McCarty v. Holman, 22 Hun, 53; Sutter v. Van Derveer, 47 Hun, 366; Arnold v. Mundy, 6 N. J. Law, 1; State v. Taylor, 27 id. 117). The recent case of Mott v. Underwood…
2Cases cited5 opinions
- Crane v. . BennettNew York Court of Appeals · 1904
- Decker v. FisherNew York Supreme Court · 1848
- Lowndes v. DickersonNew York Supreme Court · 1861
- Mott v. . UnderwoodNew York Court of Appeals · 1896
- Brinckerhoff v. StarkinsNew York Supreme Court · 1851
3Cited by2 opinions
- People v. ArnsteinNew York Court of General Session of the Peace · 1912
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1908