Gerrish v. Proprietors of Union Wharf
Supreme Judicial Court of Maine
This was an action for use and occupation of a parcel of flats and part of a wharf, from August 31st, 1842, to Dec. 31st, 1844. The general issue was pleaded and joined; and the action was tried at the Nov. Term, 1846, Tenney J. presiding.
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This was an action for use and occupation of a parcel of flats and part of a wharf, from August 31st, 1842, to Dec. 31st, 1844. The general issue was pleaded and joined; and the action was tried at the Nov. Term, 1846, Tenney J. presiding. The plaintiffs, to show the extent of their claim, offered and introduced an agreement, for reference, made between the plaintiffs and the committee of the defendants, authorized by vote thereto, dated Dec. 3d, 1842; which agreement, it was conceded, had been executed, unless, so far as by the record and proceedings in a suit, a copy of which was introduced…
1Opinion of the Court
The opinion of the Court, Whitman C. J. taking no part in the decision, having formerly had some agency with respect to the wharf, was drawn up by
Shepley J.
— The action is assumpsit, brought to recover compensation for the use and occupation of a strip of flats ground near Union Wharf, and also for the use and occupation of a part of that wharf, from August 31, 1842, to December 31, 1844.
The plaintiffs are admitted to be the owners of a strip of flats ground, extending from high water mark to low water *392mark, near to which place the westerly line of the flats, being extended toward the channel…
2Cases cited5 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Ex parte JenningsNew York Supreme Court · 1826
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- Gibson v. GibsonMassachusetts Supreme Judicial Court · 1818
- Whitney v. HolmesMassachusetts Supreme Judicial Court · 1818
3Cited by10 opinions
- Department of Natural Resources v. Mayor of Ocean CityCourt of Appeals of Maryland · 1975
- Van Dusen Inv. Co. v. Western Fishing Co.Oregon Supreme Court · 1912
- McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011
- McBurney v. YoungSupreme Court of Vermont · 1895
- Britton v. DonnellSupreme Judicial Court of Maine · 2011
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