Marshall v. Guion & Vultee
New York Supreme Court
Error to the common pleas of the city and county of New-York. Marshall brought replevin against Guión and Yultee in the court below for two mahogany sofas, alleged to have been taken from the ship England, lying at a wharf in the city of New-York, on the 16th day of June, 1843. The defendants pleaded non cepit; and put. in an avowry and cognizance in which they set up that Guión was the owner of the end of the wharf or pier known as No. 23 on the northeasterly side of Fulton…
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Error to the common pleas of the city and county of New-York. Marshall brought replevin against Guión and Yultee in the court below for two mahogany sofas, alleged to have been taken from the ship England, lying at a wharf in the city of New-York, on the 16th day of June, 1843. The defendants pleaded non cepit; and put. in an avowry and cognizance in which they set up that Guión was the owner of the end of the wharf or pier known as No. 23 on the northeasterly side of Fulton slip, by virtue of the demise from the mayor, aldermen and commonalty of the city of New-York, of the rates and fees…
1Opinion of the Court
By the Court, Jewett, J.
The material question in this case.is whether the portion of the pier No. 23, which was completed in 1842, belongs to the corporation of the city of New-York. It is not questioned but that the plaintiff owed wharfage to the owner of that part of the pier ; nor but th.xt the distress *587was regular and legal, provided Guión, as the lessee of the corporation, was entitled to such wharfage; nor is it denied but that Guion’s right was perfect if the corporation oxvned the pier.
By the charter of the city of New-York, granted by Governor Montgomery, in 1730, the corporation…
2Cited by2 opinions
- Langdon v. MayorNew York Supreme Court · 1878
- Marshall v. . GuionNew York Court of Appeals · 1854