Warren v. McDiarmid
New York Supreme Court
The plaintiff moved for a receiver for a large number of hackmatack knees, lying on his dock, situated at the foot of Quay street, Greenpoint, Long Island.
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The plaintiff moved for a receiver for a large number of hackmatack knees, lying on his dock, situated at the foot of Quay street, Greenpoint, Long Island. The motion was founded on a complaint in which it was averred: 1. That he was lessee and wharfinger of a certain wharf set forth in the complaint, and has been such for six months •past. 2. That while he was such, the defendant was the owner of about 1,000 hackmatack knees, which were on the plain-' tiff’s wharf from Nov. 1, 1865, up.to February 1, 1866. On or about February 1, 1866, 449 of said hackmatack knees were removed, leaving 551…
1Opinion of the Court
Lott, Justice.
Motion denied, with $10 costs to abide the event. Assuming that the plaintiff is entitled to wharf-age, and to a lien therefor, I am of the opinion that an action is not a proper remedy. The 7th section of chapter y54 of the laws of 1860 has reference to all the rates of wharfage established here by the act, as well as the rate fixed by section 3 as by the first section. It, as subsequently *308amended, provides that the collection thereof shall be enforced in the manner provided in the 217th section of the act of 9th April, 1813, which is by distress of the goods and chattels found…
2Cited by2 opinions
- Burns v. LedbetterTexas Supreme Court · 1882
- Hastorf v. KellyNew York Court of Common Pleas · 1880