Miner v. Mayor of New York
The Superior Court of New York City
Verdict for defendant, by direction of court, exceptions to be heard in first instance at general term, and appeal from order denying motion for new trial on grounds of surprise and newly discovered evidence.
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Verdict for defendant, by direction of court, exceptions to be heard in first instance at general term, and appeal from order denying motion for new trial on grounds of surprise and newly discovered evidence. Action was begun about October, 1869. ■ The com - plaint alleged, that before and at the opening of Seventy-eighth-street, the plaintiff was the owner'and seized in fee of “ all the northerly half of a certain street, 60 feet in width, lying between lots 140 and 143, as shown on a map of the common lands of the mayor, &c., of the city of New York, as surveyed by Cassimer Th. Q-oerck, in…
1Opinion of the Court
By the Court.—Sedgwick, J.
In substance, the learned judge, on the trial, decided that the plaintiff *188at the time of his conveyance to the city, of the strip in question, had no title thereto, and I think he took the correct view that if he had no title, there was no concealment, no misrepresentation, no fraud and no damage. The principal question in the case is, therefore, whether the judge was correct in holding as a matter of law that it had been shown that the plaintiff had no title.
The principles of law necessary for the decision of this case, are those I think stated by the court of…
2Cases cited22 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Baldwin v. . BrownNew York Court of Appeals · 1857
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Livingston v. HubbsNew York Court of Chancery · 1817
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