New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-10
SUPREME coURT-cn,MBERs. Before Mr. Justice



In this case, several months ago, Mr.. Duff was dc,
Term morgagee possession Of the lease OF the olym
pic formerly Laura Keanes Theater property. At the
same time accounting ordered, 20 determine the
amount still due TO Mr. Dun motion is made, on
the part of the plaintiff to have RECEIVER appointed 20
accounting before the referee and 10 lease the Theater
The motion ia based on CLAIM that Dun has been iay
paid II is resisted the ground that Mr. Justice Potter
completely exonered the defendant from all charge OF
fraud and allowed him large sum for mis- management
of the property leaving INN In possession For the pres
ent he asked adjournment for the purpose OF getting
Mrs. John Woods affidavit from London inns was
resisted on the ground that Mr. Duff Affidavit would
cover all the facts to be stated by Mrs Wood ana her
aaidavit was therefore unnecessary The Court took
this view hut as Mr. Duff affidavit not yet ready
postponed the case To the sd inst
Mr. Allen for plaintiff; Mr.. Guernsey for defendants
Before Justice ISGRAHAn
DECISIONS.
p r. Underhill &C. agt Joseph p. Falon ct al
Tompkns agt seeiy (2S Barbour 2l2 authority for
this motion The Receiver will hold the property for the
to either claimant from the title being IN him. On pay
ment Of defendants costs plaintiff must transfer bond
held by him first security for the party &c. and subject
the order of the Court to any further proceedings
Roosevelt ct al agt C. W. GODDARD, &c Motion to dis
solve Injunction denied costs to abide event.
The Protestant Episcopal Society for promoting re
M NEUTRALITY-SUSPICIOUS. granted TO have the costs readust-
ed by Clerk two days notice, ana on payment Oi sO
Greenwich Savings Bank agt Catharine Church ct al
Motion denied $40 costs TO plaintiff to abide event
SPECIAL TERM-Before Mr. Justice INGRAHAM
RIGHTS or WHARF-OwNERs-CANAL BOATS NOT En-
TITLED To EXCLUSIVE POSSESSION OF PRIVATE
PIERs-THE CAPTAIN OF THE port EHJQINKD;
Cornelius v s. Roosevelt and e,1srs SasIs'
At the last session of the Legislature ar act was
passed under the title of An set TO regulate the Of
certain wharyes piers and slips in the East River" >
which gave to the propretor OF canal boats and canal
between Pier and Pier No II on the East River this
made il the duty Of the Captain OF the Port 10 remove
ali vessels except canal boats from those piers and per
IN non but
twenty other OF the Piers Nos and TO- feel
Daly their counsel TO the Supreme Court for n1unc-
ton preventing the Captain OF the Port from carrying
on June Ivy the Hon. G. G.. Barnard. -
h1Prearlg TO st'ae"o BY be .nses 1I 6.
patas = ORDERED 's the senSs5 ne J1P %
& 4 g Nav Ia 1907 or under act pissed May 70 1851 hereby
adjacent Nos and 10 East kgs or the sp o.
Wh such the waters adjacent 70 saeh Pers o.
q ss% s s aS or eSnS or directing or assigning any
canal boat barge or lighter TO oeea any part OF sIe was %
e 6s barge or gh,er from piers order Accommodate
any boat barge lighter and from preventing any sneh other ys
from approaching lying such piers and from permitting any der
ck or other srucre said piers bukhsads vharTes
Of the act aDder the whole Of the act
lat above mentioned Dated Ns~.YOrE, June g 1867 n
The Captain OF the Port on behalf OF the Canal.boat
pr0prietors then made motion before the Hon d. r.
ngiham 10 set aside the said Injunction and this motion
was fly argued June "a AT Special Term The fol
plaintiffs are the fee OF Piers Nos. and 10.
They entitled TO all the wharfage from such piers.
The present income from such piers Is about 5000 each
per annum nett from the wharfage OF ordinary vessels
IL canaboas were 10 occupy such oilers exclusively the
other Kind OF vessels would oe not than 81 SEQ
gross. per annum. These Wharves are worth about
700 each IL costs $500 er annum to keep them m re
pair aud the annual ta1c about ssoc Thus II heY
be surrendered exclusively to canal boats the Income VII
iall 800 Dehhn the expenses-s to'a iV 49, o d 1ss. ~
annum TO the platis. Tine acts OF ln9 ana leo,, ~
syng such oisrn Sep 70 the use of exclu
siyely the Is attempt to take private properly igI PUN
Use nout computation agaist me MAJ In Il flies,
wnarvcs Is private; they take 70 tnen pNh us :
the wharfage or profits Inc PTons eH OF 70, SiTge H.,
authorize taking OF such properly TOT me Prlta
Of he Port Is lake, Keep Sc, @orr ana reserve then
Tor canaiboats" g. nc taking OF these wharyes is un
lawful another ground The use OF canal poats y
Drrnie use the Legislature has power To shut up these
public wharyes from the public trade ana give them !.
canal propretors exclusively IL is gross abuse ihgst
acts are also unlawful because they seek 20 impair the
contract made by the State with their grantees tne wharf
owners viz that the latter should receyS hSe c
unlawful they more than te exercise OF poee %
they are more Police regulations must be genera tnese
acts operate exclusively on Two pets o
Injunction is dissolved the plantiiis VIII Ds lrsFarap}l
Injured. n retained viii be affected the canal
boats have the right to 30 to these piersh thefe
room for them , a.. ,oo,.,o,
and this day rendered II In favor OF the wharf owners
until AZ least the General Term can pass on IT, -, A.,
ngraham Ut Is not denied that the operation OF th
act will necessarily affect the value OF the plaintiffs prop
erty and deprive them OF the ordinary income whicA by
| their original grant they are entitled to receive
In Hecker agt Balance Dock Co GA Barb, 2l2 1t wa'
- such power to regulating the Use OF the slips
iie' -, hit be exercised; provided the rights Of the
o., p, heir wharfage was not nteuerred with But
era tbe tc OF such regulation Is to destroy the value
|h niants property, without compensation, Tor pri
va "a use II is yeiV uoupuuu "netHeI sucn au S"0'
can be sustained. -. -.
rict Is clearly void II not agreed 10 by the owners Al
though the question Is not free from dicnlty ana
might hCsstate about granting the injunction originally
VET as ID has granted by one OF my brethren do
not liberty To yacate IT, No injury can come IRON
"a well as Others and the be fully heard at the
Motion TO dissolve injunction denied Costs to abide
event.
g. +. Noyes and j. f. Daily, plaintiffs attorneys
SUPERIOR CoURT-sPEcIAL TERN-Before Justice
JONES.
DRCTSIoNe