Hastorf v. Kelly
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of Hew York, entered upon the dismissal of . a complaint. The action was brought to recover wharfage claimed for goods on a wharf in the city of Hew York. . Upon the trial the justice dismissed the complaint, and judgment was entered for the defendant. From the judgment the plaintiff appealed.
1Opinion of the Court
Charles P. Daly, Chief Justice,
The pleadings, in this case, were oral. As the justice returns them, the complaint was for money due under statute, for goods left on a wharf; and the answer, general denial—discharge of lien—no jurisdiction.
Though not expressed in the return, the complaint was evidently dismissed on the ground that the amount allowed for wharfage, by the act of 1860 (L. 1860, p. 416, § 3, as amended by L. 1862, c. 479, p. 952), could be recovered only under the 7th section of the act, in the manner provided in the 217th section of the act of Apz’il 9, 1813 (2 R. L. 1813, p.…
2Cases cited1 opinion
- Warren v. McDiarmidNew York Supreme Court · 1867
3Cited by1 opinion
- Blank v. Marine Basin Co.Appellate Division of the Supreme Court of the State of New York · 1917