Legal Opinion

Gillespie v. Mayor of New-York

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1840PublishedCited by 1 opinion

Error from the supreme court.' Gillespie sued out a writ of error to reverse a confirmation by the supreme court of a report of commissioners of estimate and assessment in the city of New-York, on the laying out of certain streets.

Read the full summary

Error from the supreme court.' Gillespie sued out a writ of error to reverse a confirmation by the supreme court of a report of commissioners of estimate and assessment in the city of New-York, on the laying out of certain streets. He opposed the confirmation upon various grounds, and amongst others upon the ground that the commissioners, in estimating the damage sustained by him as tenant of certain premises, had not in the nature of an apportionment of rent, made a deduction from the rents reserved in a lease executed by him in reneival of a former lease. The rent specified in the new lease…

1Opinion of the Court

After advisement an opinion was delivered by the Chancellor, no other member of the court delivering an opinion. In reference to the question above stated the following extract is made from that opinion:

“ The 181st section af the act of April. 1813, to reduce the several laws relating particularly to the city of New-York into one act, 2 R. L. of 1813, p. 417, provides that in all cases where only part of a lot under lease or contract shall be taken for the purpose of opening or widening a street, all contracts and engagements respecting the same shall, upon the confirmation of the report of…

2Cases cited1 opinion

  1. Gillespie v. ThomasNew York Supreme Court · 1836

3Cited by1 opinion

  1. Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API