New-York daily tribune., 1858-08-03
THE WEST WASHINGTON MARKET con-
TRONERSl.


THE TITLE yESTEDN THE STATf-APPoiNrMESr
OF CYRUS CURTISS ESQ, RECEIVER.
SUPREME CoURT-SFEeI,L TlSN-ApG. 2-Beiors Judge
The People OF the State Of NewYo,k aud Owen Brennan
James I.yIoI az; The Mayor AieTnsn and common'ny
MOTION BY PLAINTIFFS FOR RECEIVER AND INJUsc-
Hu.cbips, Stoughton and Van Bursn for plaiotiifs
Busted, Mckeon, Noyes and Conor for dsfen tsnts
DAWES J.-Tbe facts harged In the complaint are
that the people of the State are owners fee of
tain premises in the City of Nsw-iork, lying the
westerly size of that street between Iesey and Dsy
streets and extending westerly about 40 feet.
That the defendants, the Corporation Of New YoIk,
have taken possession thereof and have rented the
same for market and other purposes.
That the People hsve made aud executed to the
plaintiffs Taylor Brennan, lease for said premises
for year from April 2i lSS at annual rent OF
e., coo, payable quarterly.
That the defendants withhold from Taylor & Bren-
the possession of the premises, and that they are
entitled " the rents and profits OF the same from April
II, 1853.
That the tenants of the premises pay the rent there
of ID the defendants and refuse to sckno Wedge the
hight Of the plaintiffs to psy them the rent thereof
That a email portion only of the rents collected
have been paid into the city treasury and that the
persons 50 acting in tae collection Of the rents
peculiarly irresponsible aud are not authorised to
act That the amount paid is annually more than
the sum Of $4,000, and that the moneys are pSd
weekly.
That i, would be the duty of the Collector of the
sam really belonged to the city but that the same
were collected by some other person.
That tie Controller Of the City has received but
small portion if sny Of the rents collected that he
has stated that the premises belong to the State aud
there fore that the city has no right to collect and
force payment CT the same and that Tor thus reason
he has reraped from exercising that control over the
property which he would have done If It belonged 70
the city. ~
That the occupants of the premises of little
or no pecunsry means that they pay their rent weekly
in advarce and nat the same Is 10 danger OF being
wholly lest by Of their want of means aud the
residence of many OF them out OF the state
That the Controller has stated that in his opinion
receiver ought to be appointed TO take charge OF ana
collect aid and hold them for tho beneh of whom
soever may be entitled thereto.
On the hearing other ailidsvits were made on the
part t the plaintiffs showing that the premises 10 con
troversy were outside the 400 feet FROM low water
ma ark on the North River.
That the Mayor of the City has ooncurrsd 10 the
opinion of the Controller that the title to tue land ia in
the State and not in the city and that the city has no
right TO have it or use the same.
On the part of the defendants, the Corporation,
there is produced the aiidavts of Mr.. Serrell, City
Surveyor setting forth that the premises IN question
have been reclaimed by tho defendants, the Cor pora
ton, from the North River by filling in tne same.
That euch filing in began in 1874, and completed
in 1885, that SINCE such if in, the defenda ats the
Corporation, by their officers and agents, have rented
the said premises have claimed to own the sams, and
exercised acts of dominion overthe same and received
tie rents thereof III Their own IL sht.
Mr.. Flagg, the Controller, states that such hllng
was one uuder claim Of title TO the land under wa
ter, ard that since such filing, the defendants, tde
Corporation, have been in actual Possession thereof,
claiming to oTn the sane IN tee simple.
lie further states that the rents of said premises are
beirg collected by lobt A. H.gseriy, duy appointed
for that purpose by the Defendants and tna toe came
are being faithfully collected oy him aud paid in:o the
city treasury.
That be has always supposed that it the duty
of said Corporation TO collect such rents whether tue
title to the said premises WAS actually vested 10 the
cefendaLts the Corporation or the state, That hs IS
not Of the opinion that the appointment OF recslyer
is necessary 10 protect either the lnterese OF the ate
OF the city that said rents are now n due c'ure OF
cole cton, and by proper persons.
The Mayor makes an affidavit expressing the same
views
The affidavit of Benson shows that a. Clerk OF the
Market, previous to the commencement oil THIS SUIT,
collected the rents from the premises and paid them
over TO the Corporation.
The affidavit of Hasgerty shows tia, since the
CONNIE ncement OF this suit no has been appointed
as an officer o the finance department of the defsn
dants collect said rents and has collected the same
and paid them to the Corporation.
First, as to the title of toe city TO the premises IL
question.
1t is conceded ths. they le outside Of the 400 feet
granted to the Corporation by the Montgomerie char
ter The Dongsn charter conveyed 10 the city land
between high and low water mark al around the
island, and the Montgomere charter ll'3O) granted
10 the Corporation, en- the North River, a slip OF
marx.
IL 1893, the Legislature passed a.. authorizing
tie Cooperation to lay out exterior streets on both
rivers Of the width Of 20 feet and such streets we're
to be built at the expense OF the owners vi the ad
10 ming ots fronting the same, and the Intervening
spaces were 70 be filled up by them and such pro-
pretas filing up the Intermediate spaces oil gfound
were 10 become owners of the same Ia Zee simple.
In the case Of TIE Mayor, &C., agt. Farmer % sand
s. e. Rep. l6l tho Superior Court held ast tae pro
pretors referred 10 the garantees of the Corpora
on or their sssgIs who had received grants TO the
full extent Of the 800 feet owned by the Corporation
ard that The Intermediate spaces those which IN
consequence OF the irTegusrity o! the slores some
times intervened between the extremity OF tue Z ~
poraIcn gratis, &c regular streets IN front OF ths
river which the Authorized ~ be built and that
these Intervening spaces belonged 10 the sac ana
granted by the ate 20 the dining proPHeIofs
on the conditions expressed IN the acts.
This csse was taken 70 the Court Oi Appsa's, ouu
the ud gu ent affirmed pon the grounds taken III the
Sup nor Court. The Cooperation, a. the owner VI
labcs fronting on the river, buiit new GreeLs ana
filled up the intermediate spaces ead De aNe Inste-
tore the owners il fee smPe OF re anus e..eIaus
ownership terminsted and that Of the people OF the
State CONNIE need. They as representing the CfoT1,
or former sovereign, own the bed OF a. ns'isso.e
rivers which have tux and fedu1 oi tae ses sao IS
.uch owIers have the right TO grant ard sell the
san e. without reference 10 the owner Of the adacen
upisId and the grantee OF the Crown aid State Gao
20 build upon or improve the and 20 granted Is 70
cut Off the owner Of the lard from al sccess 70 the
water. Ttese poin.s distinctly ruled IN tue c ne
Of Gould sgt. the Hudson Rivsr Railroad 20. Y Sell
Gen, s.>2
BY section OF the act of 1888 i. Was made l.wful
for the Corporation to direct piers to be sunk and
completed in such as they mght think proper,
il front Of said streets wharves, az the expense OF
the prcpreto Of the lots yng opposite to the places
at which said piers should be sunk ln case the pro-
prietor refused TO sink and build the piers. the Cor
pois,on might do and receive the whsffsse TO them
own ufe.
From the facts before me it appears tia: tho Cor