Marshall v. . Guion
New York Court of Appeals
Replevin commenced in the Mew-York common pleas in 1843, by Marshall, to recover from Guion and Vultee two sofas, alleged to have been wrongfully taken by them from the ship England, lying at a wharf in Mew-York, in June of that year.
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Replevin commenced in the Mew-York common pleas in 1843, by Marshall, to recover from Guion and Vultee two sofas, alleged to have been wrongfully taken by them from the ship England, lying at a wharf in Mew-York, in June of that year. The defendants pleaded non cepit; and put in an avowry and cognizance, by which they set up that the mayor, aldermen and commonalty of the city of Mew-York were the owners of pier Mo. 23 in the East river; that they by indenture of lease demised unto Guion the rates and fees from ships and vessels exceeding five tons burthen which should use, come to, or lie at…
1Opinion of the CourtDenio, J.
The corporation of the city of New-York constructed, at its own expense, the extension of the pier No. 23, against which extension the plaintiff’s vessel lay while it incurred a charge of $20.25 for wharfage, in May, 1843. If the corporation was entitled to that wharfage, the defendant Guion, as its lessee, had a right to distrain for it; and this action, which was brought on the assumption that the distress was illegal, cannot be sustained. (2 R. L. 1813, p. 430, § 217.) In order to apply the different provisions of the statute respecting docks, slips and piers, it becomes necessary, in the…
2Cases cited3 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Mayor of New York v. ScottNew York Supreme Court · 1804
- Marshall v. Guion & VulteeNew York Supreme Court · 1847
3Cited by6 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- In re New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Turner v. People's Ferry Co.U.S. Circuit Court for the District of Southern New York · 1884
- Southern Pac. Co. v. Western Pac. Ry. Co.U.S. Circuit Court for the District of Northern California · 1906
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