Ontario Knitting Co. v. . State
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1911, which affirmed a judgment of the Court of Claims dismissing plaintiff’s claim. The nature of the claim and the facts, so far as material, are stated in the opinion. The appropriation did not involve a change of the plans of construction within the meaning of section 6 of the Canal Law, and the assent of the canal board was not requisite therefor.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1911, which affirmed a judgment of the Court of Claims dismissing plaintiff’s claim. The nature of the claim and the facts, so far as material, are stated in the opinion. The appropriation did not involve a change of the plans of construction within the meaning of section 6 of the Canal Law, and the assent of the canal board was not requisite therefor. (L. 1903, ch. 147, §§ 4-6; People v. Fisher, 116 App. Div. 677.) The contention is untenable that there was any…
1Opinion of the CourtHaight, J.
The Ontario Knitting Company, on the 25th day of March, 1909, filed a claim in the office of the clerk of the Court of Claims against the state, in which it seeks to recover the sum of $1,019,051.78, as the value of real and personal property which it claims the state had appropriated for canal purposes in the city of Oswego. The land abuts upon the old Oswego canal with a frontage thereon of upwards of 600 feet, and extends through to an hydraulic canal in the rear. It is occupied by large brick and wooden buildings covering substantially the whole of the land, and at the time was used as a…
2Cases cited7 opinions
- Gaines v. ThompsonSupreme Court of the United States · 1869
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
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3Cited by17 opinions
- Kahlen v. . State of New YorkNew York Court of Appeals · 1918
- Schulman v. PeopleNew York Court of Appeals · 1961
- In re S. Lunghino & SonsAppellate Division of the Supreme Court of the State of New York · 1917
- City or Mount Vernon v. East Hudson Parkway AuthorityNew York Supreme Court · 1965
- Society of the New York Hospital v. JohhsonNew York Court of Appeals · 1958
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