North River Steam Boat Co. v. Hoffman
New York Court of Chancery
BILL filed by the plaintiffs, for an injunction to stop the running of the steam boat, called the United States, on the waters of Hudson river. The bill stated the several statutes of the Legislature of this State of 1798, 1803, 1807, 1808, 1811, and 1820, by virtue of which the plaintiffs claimed to be entitled to the exclusive right and privilege, for the time therein limited, of employing and using boats propelled by fire or steam, upon the navigable waters of this State.
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BILL filed by the plaintiffs, for an injunction to stop the running of the steam boat, called the United States, on the waters of Hudson river. The bill stated the several statutes of the Legislature of this State of 1798, 1803, 1807, 1808, 1811, and 1820, by virtue of which the plaintiffs claimed to be entitled to the exclusive right and privilege, for the time therein limited, of employing and using boats propelled by fire or steam, upon the navigable waters of this State. The bill charged, that the plaintiffs, and those from whom they derived title, had been in the uninterrupted use and…
1Opinion of the Court
The Chancellor.
The petition to remove the cause to the Circuit Court of the United Slates, cannot be granted, because the Circuit Court have not cognizance of the case. If the petition is granted, the cause will undoubtedly be dismissed from the Circuit Court, when it meets at Jfem-York, in September; and in the mean time, the defendants will be left to reap undisturbedly the profits of their illegal invasion of the plaintiffs’ privilege. It appears, undeniably, by the bill, and by the afli*303davits in aid of it, that some of the members of the association of the plaintiffs are citizens of other…
2Cases cited7 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Craig v. LeslieSupreme Court of the United States · 1818
- The Corporation of New-Orleans v. WinterSupreme Court of the United States · 1816
- The Hope Insurance Company of Providence v. BoardmanSupreme Court of the United States · 1809
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3Cited by2 opinions
- Kramer v. BlairSupreme Court of Virginia · 1891
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871