Jackson v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 21, 1914, affirming a determination of the Board of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The conclusion of law by which the Board of Claims disallowed appellant’s claim for the value of his machinery is not in accord with or justified by the facts found. (Matter of Mayor, etc., 39 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 21, 1914, affirming a determination of the Board of Claims. The nature of the claim and the facts, so far as material, are stated in the opinion. The conclusion of law by which the Board of Claims disallowed appellant’s claim for the value of his machinery is not in accord with or justified by the facts found. (Matter of Mayor, etc., 39 App. Div. 589; Matter of City of New York, 118 App. Div. 865; Phipps v. State of New York, 69 Misc. Rep. 295; Allen v. City of Boston, 137…
1Opinion of the CourtCardozo, J.
The State appropriated the claimant’s warehouse in the village of Middleport for the use of the barge canal. The Board of Claims found that the value of the building was $9,000 and that of the land $1,300. The claimant had an award for those amounts. The board also found that the building contained machinery, shafting, elevators and conveyors of the value of $4,353.20. The form in which these articles were annexed to the freehold, and the purpose of the annexation, were such that, as between vendor and vendee, they would have constituted fixtures. . For the enhancement of value due to the.…
2Cases cited5 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Application of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1884
- Phipps v. StateNew York Court of Claims · 1910
- Price v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
3Cited by137 opinions
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- City of Los Angeles v. KlinkerCalifornia Supreme Court · 1933
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