Astor v. Hoyt
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. In 1821, Astor leased Vc.uxhall garden, in the city of New-York, to one Timothy Madden, for the term of 14 years from the 1st May, 1825, reserving an annual rent of $750; Madden engaging to pay all assessments imposed on the premises under the authority of the state or general government, or of the corporation of New-York.
Read the full summary
Appeal from chancery. In 1821, Astor leased Vc.uxhall garden, in the city of New-York, to one Timothy Madden, for the term of 14 years from the 1st May, 1825, reserving an annual rent of $750; Madden engaging to pay all assessments imposed on the premises under the authority of the state or general government, or of the corporation of New-York. In May, 1825, the corporation of New-York commenced proceedings for the opening of a public street or place called La Fayette Place, in the execution of which a part of the premises demised to Madden were taken. The commissioners of estimate and…
1Opinion of the Court
The following opinion was delivered :
By Chief Justice Savage.
Before I proceed to discuss the points raised in this cause, I will refer to the statute under which the proceedings were had, by which the fund in controversy was created, to see what aid can be drawn from that quarter in coming to a correct conclusion.
By the 177lh section of the act to reduce several laws relating particularly to the city of New-York into one act, 2 R. L. 408, power is given to the corporation under certain circumstances, to open new streets; the land required for the purpose may be taken, and compensation is…
2Cited by54 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Trimm v. . MarshNew York Court of Appeals · 1874
- In re JohnNew York Supreme Court · 1839
- Dutton v. WarschauerCalifornia Supreme Court · 1863
49 more not listed; retrieve them via the Exa API.