The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-05
THE COURT
UNITED STATES CIRCUIT COURT.
The Broadway Widening Schcmc-ActiOn
Against the City for $4,000.

Against the City for $4,000.
An action has been commenced in the United
States Circuit Court by Mr.. Daniel Garrson against
the Corporation or this city to recover 10000, which
Mr. Garrison claims the amount Of an award
made in his favor for property taken from him under
the scheme for widening Broadway.
Mr. Garrison has filed his declaration In the above
matter. He says that he is citizen Of the state OF
New Jersey. and demands that the Mayor Aldermen
and C0mmonalty OF the city OF New York pay TO him
the sum of $4,000, with interest thereon from
the 2Sth OF April 1871, being the amount OF
an award made to the plalnuf for premises taken
by the Common Council for the widening and
strengthening of Broadway, between Tnrty-fourth
The nIa,ntid states that he was the lessee of the
land taken for the purpose named with the build
ings standing thereon. MI. Garrison sets forth his
title In the following Manner
john Murtha, on the 1st OF August 1859, by an in.
denture of lease made between him ana William
assignees piece OF land situate at the corner of
Broadway, Forty seventh street and Seventh
months from the LIST OF August 1861 at the yearly
sa enS SudGr rsoa eree net
the lease, the extension thereof, as provided in
the lease. This lease was recorded IN the ONCE or
the Regster the 2St OF February 1860. On the I'd
of February 1860. the estate and interest OF Branch
in the of years above stated BY an assignment
made by Branch, became vested In the Richmond
Bank, OF Alton, r. l. This assignment was re-
corded In the Registers ONCE on the eth OF Feb
ruary $780, subsequently, on the 9th OF May, 1865,
the Richmond Bank, OF Alton, made an assignment
of the estate in question to one John w. Stevens,
who In the following June assigned 1t to william
Garrison and the latter, about two years after, on
the list of December 1861 assigned 1t 10 the present
platinum. All the assignments appear to have been
regularly and properly recorded.
The plaintiff further says that his property for the
purpose specified, taken by the Corporation
under an act of State Legislature, entitled IAN
| act to alter The map or plan OF the city OF New
York and to carry the alerations INTO erect" Inc
Commissioners OF the Central Park, under this act,
I acquired title to the property in question, and
| assessed the amount that should be paio to the
plaintiff at the of $40 900, and the plaintiff refers
to the report Imade by the commissioners and con-
| hrmed IN the ordinary manner, IN corrobalion Of
| this part. He holds that the confirmation OF the
| Commissioners report has become final and bind
Ing on the City Council; that they cannot go behind
the award or set 1t at defiance; and thai they are
therefore, legally bound to pay him the monev.
The declaration does not state upon what ground
the CITY Council have refused TO pay the amount OF
the award, only that they nave neglected aud re-
fused to pay.
Mr. Garrison, rs appears by the above, is nom
resident In this State, which he holds property
and he Is, therefore. under the law, obliged to bring
his action in the federal courts IN the State where
the defendants reside.