Nicoll v. Gardner
New York Supreme Court
The plaintiffs commenced an action of replevin in the common pleas of New York, which was removed into this court by certiorari. The action was for the taking from on board a ship called the Robert Fulton, two chain cables, one hemp cable, and sundry other articles.
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The plaintiffs commenced an action of replevin in the common pleas of New York, which was removed into this court by certiorari. The action was for the taking from on board a ship called the Robert Fulton, two chain cables, one hemp cable, and sundry other articles. The declaration contained three counts : in the first, the goods were alleged to have been taken from on board the ship Robert Fulton, lying and floating in the waters of the East River, at the city of New-York, adjacent to the foot of Stanton street. In the second, the goods were alleged to have been taken at the seventh ward of…
1Opinion of the Court
By the court,
Nelson, J.
By the 212th section of the act to reduce the several laws relating to the city of New'York into one act 2 R. L. 429, it is made lawful for the owners of wharves in that city to ask and receive to their own us & fixed rates of wharfage for all ships and vessels using their wharves, and amongst others, for every ship of the burthen of 550 tons, and under the burthen of 600 tons at the rate of $>1,87£ per day. And by the 217th section of the same act it is provided, that when any ship or vessel shall have laid 24 hours at any wharf, and the master or owner refuses or…
2Cited by2 opinions
- McKnight v. DunlopNew York Supreme Court · 1848
- The Kate TremaineDistrict Court, E.D. New York · 1871