Buckbee v. Brown
New York Supreme Court
Error from the Albany mayor’s court. Brown brought an action of debt against Buckbee for $61 70, the dockage and wharfage of a sloop of which the defendant was the owner and master, claimed by the plaintiff as dock master of the port of Albany.
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Error from the Albany mayor’s court. Brown brought an action of debt against Buckbee for $61 70, the dockage and wharfage of a sloop of which the defendant was the owner and master, claimed by the plaintiff as dock master of the port of Albany. The plaintiff in his declaration set forth an ordinance of the corporation fixing the rates of dockage and wharfage, and upon vessels coming to or lying at. or within the docks, wharves or slips of the port, and directing the same to be paid to the dock master. He also set forth an act of the legislature, passed 5th April, 1823, authorizing the…
1Opinion of the Court
*112By the Court,
Cowen, J.
Independent of the statute direction, that the dock master, &c. shall collect, the exclusive legal interest, if not in the docks and wharves in question, at least in the tolls arising from their occupation, would reside in the corporation of Albany, and the remedy for collection could be only in the name of the corporation. The relation between the corporation and occupant is precisely that of landlord and tenant, the latter entering under and being estopped to question their interest. The wharfage and dockage are a rent, for which the law allows the same concurrent…
2Cited by13 opinions
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