Cole v. Rose
New York Marine Court
Motion for leave to discontinue, without costs.
1Opinion of the CourtMcAdam, J.
The plaintiff and his associates (the Harbor Masters), were appointed under the laws of 3862 (chap. 487), and the action was brought to recover a penalty given by that statute. The plaintiff recovered a judgment, which was reversed upon appeal, with the award of a new trial. Since then, i. e., May 4, 3883, the act under which the plaintiff and his associates derived their authority was repealed, and the offices created by the said act were abolished. The penalties imposed by said act are in consequence not recoverable, even in pending actions, as the repealing act contains no saving clause (1…
2Cases cited6 opinions
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Jones v. . JuddNew York Court of Appeals · 1850
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Washburn v. FranklinNew York Supreme Court · 1861
- Staiger v. SchultzNew York Court of Appeals · 1867
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