Parish v. . Wheeler
New York Court of Appeals
Appeal from the Supreme Court. Action to recover the value of fourteen canal barges, of which the plaintiff claimed to be the owner, and which, he alleged, the defendant had converted to his own use. Upon the trial before a referee, these facts appeared: In 1845, the Northern Railroad Company was incorporated, to construct, maintain and operate a railroad from Ogdensburgh to Lake Champlain. (Laws of 1845, chap. 324, p. 351.) The terminus on the lake is at Rouse’s Point.
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Appeal from the Supreme Court. Action to recover the value of fourteen canal barges, of which the plaintiff claimed to be the owner, and which, he alleged, the defendant had converted to his own use. Upon the trial before a referee, these facts appeared: In 1845, the Northern Railroad Company was incorporated, to construct, maintain and operate a railroad from Ogdensburgh to Lake Champlain. (Laws of 1845, chap. 324, p. 351.) The terminus on the lake is at Rouse’s Point. By the fourth section of its act of incorporation, the company was subjected to all the conditions and restrictions imposed…
1Opinion of the Court
Comstock, Ch. J.
The mortgage given by the company, dated the 7th of April, 1854, to secure its issue of bonds, was upon its real estate, railroad, bridges, ferries, &c., locomotives, engines, cars, tenders, shops, tools and machinery, and “all other personal property whatsoever in any way belonging or appertaining to the said railroad of the said company.” The inclination of my mind is, that the canal boats in question were not included in this description. The boats were used and run in connection with the road, forming that connection at the point where the road terminated. They were, in a…
2Cases cited1 opinion
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
3Cited by91 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Bradley v. BallardIllinois Supreme Court · 1870
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