Denton v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Bennett, Sr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 1st day of Hay, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, granting to the plaintiff an injunction restraining the defendants from talcing shell fish from lot No. 341, Jamaica bay, Kings county, during the pendency of a lease of said lbt…
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Appeal by the defendants, Edward Bennett, Sr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 1st day of Hay, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, granting to the plaintiff an injunction restraining the defendants from talcing shell fish from lot No. 341, Jamaica bay, Kings county, during the pendency of a lease of said lbt granted by the Commissioners of Fisheries, Game and Forests of the State oí New York on Hay 10, 1898.
1Opinion of the Court
Willard Bartlett, J. :
The right .of the plaintiff to maintain this action depends upon the validity of the lease of lot No. 341 in Jamaica bay, Kings county, made to Frank E. Dickens on Hay 10, 1898, by the Commissioners of Fisheries, Game and Forests, the plaintiff having acquired the original lessee’s interest therein by virtue of mesne assignments.
In executing the lease the commissioners assumed to act under the provisions of section 197 of the Fisheries, Game and Forest Law (Laws of 1892, chap. 488, as amd. by Laws of 1895, chaps. 395, 974, and Laws of 1896, chap. 653).
Section 198 of the…
2Cited by2 opinions
- In re the Application of the City of New York, Acting by & Through the Commissioner of Docks, Relative to Acquiring Right & Title to & Possession of Certain Real Property, Lands, Lands under Water & Lands under Water Filled in, Not Now Owned by the City of New York, Situated Along the Westerly & Northerly Shores of Jamaica BayAppellate Division of the Supreme Court of the State of New York · 1936
- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1908