Benson v. Mayor
New York Supreme Court
In Equity. This was an application by the plaintiffs for an injunction perpetually enjoining the corporation of New-York from granting any lease or leases of the Fulton, South and Hamilton Avenue ferries, between the cities of New-York and Brooklyn, or either of them, to the defendants Pierrepont and Le Boy, or to any other person or persons ; and that restraining Pierrepont and Le Boy from accepting any such lease; and for a temporary injunction pendente lite.
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In Equity. This was an application by the plaintiffs for an injunction perpetually enjoining the corporation of New-York from granting any lease or leases of the Fulton, South and Hamilton Avenue ferries, between the cities of New-York and Brooklyn, or either of them, to the defendants Pierrepont and Le Boy, or to any other person or persons ; and that restraining Pierrepont and Le Boy from accepting any such lease; and for a temporary injunction pendente lite. The facts are stated in the opinion of the court.
1Opinion of the CourtBarculo, J.
By an act of the legislature of this state, passed May 14th, 1845, entitled “ an act to establish and regulate ferries between the city of New-York and Long Island,” the governor was authorized to appoint three commissioners, who should have power to grant licenses for establishing and keeping so many ferries, and at such places, as in their opinion the public convenience might require, between the city of New-York and Long Island; but not to grant a license for any ferry .or ferries which “shall interfere with the rights, franchises or privileges of the mayor, aldermen and commonalty of the…
2Cases cited3 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
- McIver Lessee v. WalkerSupreme Court of the United States · 1819
3Cited by43 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Borman v. StateSupreme Court of Alabama · 1859
- Milhau v. . SharpNew York Court of Appeals · 1863
- People v. Mayor of New YorkNew York Supreme Court · 1860
- Billings v. BreinigMichigan Supreme Court · 1881
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