Wiswall v. Wandell
New York Court of Chancery
This case came before the chancellor upon an appeal from an order of the vice chancellor of the third circuit, overruling the defendant’s exception to the master’s report, upon an exception to the answer for insufficiency. The bill was filed to ob- . tain a decree restraining the defendant from using a skiff ferry for the conveyance of passengers across the Hudson river at Troy.
Read the full summary
This case came before the chancellor upon an appeal from an order of the vice chancellor of the third circuit, overruling the defendant’s exception to the master’s report, upon an exception to the answer for insufficiency. The bill was filed to ob- . tain a decree restraining the defendant from using a skiff ferry for the conveyance of passengers across the Hudson river at Troy. The bill alleged, in substance, that on the 10th of May, 1796, Jacob D. Vanderheyden was the owner of all the lands on the east bank of the Hudson river between the south bounds of Division-street, on the south, and…
1Opinion of the Court
The Chancellor.
It is admitted that the defendant has not answered the allegation, in the bill, that the license to the defendant, for the skiff ferry, was granted and procured without any notice to either of the complainants. The only question for consideration, therefore, is whether there is any thing in the bill showing that allegation to be material for any of the purposes of the suit. For if notice of the application was not necessary to be given, to the complainants, to render the gianting of the license valid, the allegation that it was granted in fraud *315and derogation of their rights,…
2Cited by2 opinions
- Knott Bros. v. Jefferson Street Ferry Co.Oregon Supreme Court · 1881
- Clow v. Van LoanNew York Supreme Court · 1875