Coxe v. . State
New York Court of Appeals
Appeal from an award of the Board of Claims, made May 26,1894, which directed an award of nothing to be entered. The facts, so far as material, are stated in the opinion. The general scheme" of the act of 1868 was unconstitutional ; the right to dyke was, therefore, destroyed, and, hence, the grant of land under water fell with the rest of the act and was void for uncertainty.
Read the full summary
Appeal from an award of the Board of Claims, made May 26,1894, which directed an award of nothing to be entered. The facts, so far as material, are stated in the opinion. The general scheme" of the act of 1868 was unconstitutional ; the right to dyke was, therefore, destroyed, and, hence, the grant of land under water fell with the rest of the act and was void for uncertainty. (Stuart v. Palmer, 74 N. Y. 183; Kean v. D. D. Co., 45 N. J. L. 91; Wurts v. Hoagland, 114 U. S. 613; Carter v. T. W. Co., 18 N. J. Eq. 53; Wheeler v. Spinola, 54 N. Y. 377, 388; Rollin v. Pickett, 2 Hill, 552; Jackson…
1Opinion of the CourtO’Brien, J.
The claimant, as receiver of a corporation known as the Marsh Land Company, sought' to recover from the state the sum of $25,000, with interest from April 13, 1876. On a trial before the Board of Claims it has been decided that this claim is not a valid one, and an award was accordingly made in favor of the state. The most important question in the case is whether the claimant, or the corporation which he represents, ever had a just claim for the recovery of this sum, or $ny part of it, in law or equity. This question depends upon the validity and effect of certain statutes enacted by the…
2Cases cited17 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Massachusetts v. New YorkSupreme Court of the United States · 1926
- Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
59 more not listed; retrieve them via the Exa API.