Spears v. . Mayor, Etc., City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 11, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 11, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are set forth in the opinion. It was the duty of the commissioners of estimate and assessment to make the award as it was made, viz., to Thompson as owner, subject to the right of Mathews to be first paid therefrom the debt secured by the mortgage to him. (Laws of 1813, chap. 86, §178; Valentine’s…
1Opinion of the CourtEarl, J.
In 1870, Ezekiel R. Thompson held a lease of certain real estate situate upon Broadway, Hew York, and such real estate was taken, for the widening of Broadway under the act (Chap. 890 of the Laws of 1869) entitled “An act to alter the map or plan of the city of New York, and to carry the alteration into effect.” Commissioners of estimate and assessment, appointed under that act, awarded to him for the damages sustained by him in consequence of the taking of his leasehold estate, the sum of $40,200; and their report was confirmed December 28, 1870. On the 31st day of December, 1870, Thompson,…
2Cases cited5 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Pulver v. . HarrisNew York Court of Appeals · 1873
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
- Comstock v. HoagNew York Supreme Court · 1830
3Cited by31 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- In re Department of Public ParksNew York Supreme Court · 1889
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
- Deering v. . SchreyerNew York Court of Appeals · 1902
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
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