Flandreau v. . Elsworth
New York Court of Appeals
Appeal from a judgment of tlie General Term of the Superior Court of the city of Rew York, entered August 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The right to collect wharfage is a franchise, and depends wholly upon express provisions of law. (The Geneva, 16 Fed. Rep. 876 ; Taylor v. A. M. Ins.
Read the full summary
Appeal from a judgment of tlie General Term of the Superior Court of the city of Rew York, entered August 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The right to collect wharfage is a franchise, and depends wholly upon express provisions of law. (The Geneva, 16 Fed. Rep. 876 ; Taylor v. A. M. Ins. Co., 37 N. Y. 275 ; The G. E. Berry, 25 Fed. Rep. 780; Town of Pelham v. Woolsey, 16 Fed. Rep. 423 ; Wiswall v. Hall, 3 Paige, 313; Davis…
1Opinion of the CourtBartlett, J.
This action was brought to recover wharfage. The plaintiff was the lessee or assignee of the city of Flew York of the right to collect wharfage on three hundred feet of bulkhead northerly to the approach of Pier Hew 47, Horth river for the term of íavo years from the first day of May, 1890, at the annual rental of $10,250. This instrument of transfer assigned “ all and singular of the Avharfage which may arise, accrue, or become due for the use and occupation in the manner and at the rates prescribed by laAv,” of the bulkhead in question.
The defendant kept moored to a portion of the bulkhead…
2Cases cited6 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Ex Parte EastonSupreme Court of the United States · 1877
- Mayer v. . DeanNew York Court of Appeals · 1889
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Wiswall v. HallNew York Court of Chancery · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
- Marine Lighterage Corp. v. Luckenbach S. S. Co.New York Supreme Court · 1931
- Garcia & Diaz, Inc. v. Trans World Refining Corp.Appellate Division of the Supreme Court of the State of New York · 1961