Murphy v. City Council of Montgomery
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Assumpsit by the defendant, against the plaintiff in error, for money had and received. Upon the trial, as appears from a bill of exceptions, it was proved that on the 1st July, 1823, the town council of Montgomery, executed a lease of a site for a wharf to Goodhall & McGehee, which by a subsequent agreement was extended to the 1st January, 1845. This lease was afterwards conveyed by them to John Gindrat and others.
Read the full summary
Error to the Circuit Court of Montgomery. Assumpsit by the defendant, against the plaintiff in error, for money had and received. Upon the trial, as appears from a bill of exceptions, it was proved that on the 1st July, 1823, the town council of Montgomery, executed a lease of a site for a wharf to Goodhall & McGehee, which by a subsequent agreement was extended to the 1st January, 1845. This lease was afterwards conveyed by them to John Gindrat and others. The defendant then read in evidence, an act of the legislature passed the 29th January, 1829, incorporating the said individuals by the…
1Opinion of the CourtOrmond, J.
The action is brought to recover money received by the plaintiif in error, to the use of the defendant, and the true question is, whether the wharf and steamboat company, or the city authorities of Montgomery, are entitled to the wharfage or toll paid for unlading at the wharf, since the 1st January, 1845.
It appears very conclusively from the evidence, that the title to the wharf is in the city of Montgomery, and that the possessory right of the company ceased on the 1st January, 1845. This appears from the lease executed by the city au*589thorities, which estops those claiming under it from…
2Cited by5 opinions
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
- Ouachita & Mississippi River Packet Co. v. AikenU.S. Circuit Court for the District of Eastern Louisiana · 1883
- The GenevaDistrict Court, W.D. Pennsylvania · 1883
- McNeely & Price Co. v. Philadelphia Piers, Inc.Supreme Court of Pennsylvania · 1937