Sturgis v. . Spofford
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment of the Special Term in favor of plaintiffs, for forty-six penalties of $100 each.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment of the Special Term in favor of plaintiffs, for forty-six penalties of $100 each. (Reported below in 52 Barb., 436.) This action was brought by the plaintiffs, as commissioners of pilots, to recover certain penalties given by the act of 1853 (chap. 467, § 29), regulating pilotage in the port of Yew York, for employing a person not holding a license from the plaintiffs, or under the laws of Yew Jersey, to act as pilot. The cause was tried by Davis, J., without a jury. It was…
1Opinion of the Court
Church, Oh. J.
The judgment recovered in this action is for forty-six penalties of $100 each, in favor of the plaintiffs, as “ commissioners of pilots,” against the defendants’ intestate, for employing an unlicensed pilot, as prescribed in the 29th section of chapter 243 of the Laws of 1857, which is amendatory of the general act regulating the subject of pilot-age of the port of Hew York. (Chap. 467 of the Laws of 1853.)
It is objected that the appointment of the plaintiffs, authorized by the act of 1853, is not in accordance with the Constitution, and that they therefore have no lawful status…
2Cases cited6 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
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3Cited by73 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- In Re SnowSupreme Court of the United States · 1887
- Richardson v. YoungTennessee Supreme Court · 1909
- Anderson v. Pacific Coast Steamship Co.Supreme Court of the United States · 1912
- Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
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