Legal Opinion

Pharaoh v. Benson

Appellate Division of the Supreme Court of the State of New York

Decided October 16, 1914PublishedCited by 2 opinions

Appeal by the plaintiff, Wyandank Pharaoh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 28th day of November, 1910, upon the decision of the court after a trial at the Suffolk Special Term.

1Opinion of the Court

Burr, J.:

This action was commenced in 1906 by Wyandank Pharaoh, as chief and head of the Montauk tribe of Indians, to determine the rights of such tribe in a tract of about 4,200 acres of land situated at Montauk Point on the easterly end of Long Island, known as Indian Field. In the absence of express statutory authority therefor, no action will lie in the courts of this State in the name of any tribe of Indians, nor in the name of any Indian a member of such tribe suing in behalf of himself and all others similarly situated. (Montauk Tribe v. Long Island Railroad Co., 28 App. Div. 470;…

2Cases cited2 opinions

  1. Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
  2. Montauk Tribe of Indians v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Andrews v. StateNew York Court of Claims · 1948
  2. Bailey v. MillerNew York Supreme Court · 1955

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