Tinkham v. . Tapscott
New York Court of Appeals
Appeal from a judgment of the Court of Common Pleas of the city and county of New-York. The action was commenced in June, 1857. The complaint states that the plaintiffs are partners, in the city of New-York, “in the occupation and business of making such examinations and surveys of ships and vessels and their cargoes ” as are after-wards mentioned, and in keeping an office for the making of such entries or records and the issuing of such certificates as are also afterwards…
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Appeal from a judgment of the Court of Common Pleas of the city and county of New-York. The action was commenced in June, 1857. The complaint states that the plaintiffs are partners, in the city of New-York, “in the occupation and business of making such examinations and surveys of ships and vessels and their cargoes ” as are after-wards mentioned, and in keeping an office for the making of such entries or records and the issuing of such certificates as are also afterwards mentioned; that their office is called The Marine Surveying office, and that they have been recommended to general…
1Opinion of the Court
Denio,- J.
The plaintiffs’ claim for compensation for these services is resisted on the ground that they were forbidden by law to perform them, and that it was likewise unlawful for the defendants to employ the plaintiffs to render such services. By the act, the construction of which as well as its validity is in question in this case, the Board of Port Wardens created by it are declared to have “ the exclusive right to perform all the duties of port wardens of the port of New-York,” specified in the act. It is also declared that they shall have “ exclusive cognizance of all matters relating…
2Cited by15 opinions
- Employers' Liability Assur. Corp. v. MorrowCourt of Appeals for the Sixth Circuit · 1906
- People ex rel. McGuinness v. LewisAppellate Division of the Supreme Court of the State of New York · 1908
- Meyer v. ArthurSupreme Court of the United States · 1876
- Schriefer v. WoodU.S. Circuit Court for the District of Southern New York · 1864
- Baggaley v. Pittsburg & Lake Superior Iron Co.Court of Appeals for the Sixth Circuit · 1898
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