Legal Opinion

Thompson v. . the Mayor, C. of New-York

New York Court of Appeals

Decided June 5, 1854PublishedCited by 4 opinions

This suit was commenced in the late court of chancery, and was transferred to the supreme court, and thence to the superior court of the city of New-York.

Read the full summary

This suit was commenced in the late court of chancery, and was transferred to the supreme court, and thence to the superior court of the city of New-York. The bill was filed in 1844 to restrain the defendants, the city of New-York and its lessees, from collecting or receiving one-half of the wharfage accruing from the outermost ends of piers Nos. 19 and 20, in the East river, upon the grounds ; 1st, that the corporation of the city of New-York never had any right to the wharfage ; 2d, that if it ever had such right, it had lost it by the adverse user and enjoyment by the plaintiffs and those…

1Opinion of the CourtEdwards, J.

The plaintiffs in this suit seek to restrain the defendants from collecting or receiving one-half of the wharfage of the outermost ends of the piers Nos. 19 and 20, in the East river. The grounds upon which they place .their claim are, 1st, that the corporation of the city never had any right to the wharfage ; and 2d, that if it ever had such right, it has lost it by the adverse user, and enjoyment of the plaintiffs, and those through whom they claim.

It appears from the pleadings and proofs, that pier No. 19, forms the easterly side of the slip at the foot of Maiden lane, formerly called…

2Cases cited1 opinion

  1. Mayor of New York v. ScottNew York Supreme Court · 1804

3Cited by4 opinions

  1. City of Chicago v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1925
  2. In re City of New YorkNew York Supreme Court · 1903
  3. Stevens v. RhinelanderThe Superior Court of New York City · 1868
  4. Swords v. EdgarNew York Court of Appeals · 1874

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API