The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-02
THE CHURCH STREET EXTENSION

"A Nice Question of Interest, and How
the City Saves It-Important Test
Case in Connection with Street
Opcnings-The Inv, ms Defined by
Judge Davis.
There seems to be no end to litigation growing
out OF the Church street extension. Among the
numerous suits brought against the city-and this
was regarded as test case-was one by Mr.. A.
Gordon Hammersley. He owned 25 Church street,
which was among the buildings taken. The award
OF damages allowed him was 500, 600, to which
there was 10 objection. The city paid the award,
but he claimed interest on The amount to date
from four months from the confirmation OF the re-
port-an amount altogether OF some 1000 The Com
mon Council as win be remembered, pursuant to the
act Of 1918, suspended the opening for eighteen
months Meantime, he remained as Others did,
in peaceful possession, and enjoyed all the
rents; but Notwithstanding this, from the fact
OF the report OF the Commissioners Of Estimate
and Assessment before confirmed before this, asked
under the statute interest from four months alter
the confirmation. In Supreme Court, Circuit, he
obtained a verdict in his favor, and from this an
appeal was taken on behalf OF the city 10 the SUI
preme Court, General Term. decision in .ae case
rendered yesterday, in which all tue Judges OF
the Court-Judges Mullin. Fancher and Days-gave
new trial. We give below Judge Davis opinion
In full, 1t being much longer and more exhausting
ON the subject than those OF the other Judges:
OPINION OF JUDGE DAVIS.
supREM Corar oaSaaL TrH I'm Gordon Hammers
& aS soGGr E the the Of Of ~
section S the Corporation Of the city Of New York be-
nrTation Of the report Of assessment Of damages &C.
take possession the same any part parts thereof
wlthou, any suit or m at law for that
four calendar months after the confirmation OF the
or s y wSTe as
five after tor pay the spsa aas The
T % and e sa rpef he Rs Tee adF the the
a on confirmation and the report, and the i'm
Of and b the to take 1 and Lex
~ g pay, within tour calendar months
nd the Tshi to bring suit a AZ, after zap
holly, independently OF the action OF the
tsklns .. quitting TO take possession Of
owner OF the lands so taken was
Fne could X 81 end cry ~ Gy mSaS
a. sue ,ior his award, with interest and at the
for lengths nj peyoS Such the or H IN sS
ISIS I wS s s AN hnk e 10 "s 81 ' sw Of
created By the act o. 1913 and TO relieve the city
stand II the act Of ISIS expressly clothes the Corporation
iarsing sllsfi9g and IMPROVING street road
extended enlarged or altered IN said IN pupsaee
q the pfSslse s G the act Of ISIS Tor such me
months in tie whole after The confirmation OF the report
il PROVIDES further that the corporation shall not be rev.
CURED to pay any sums Of money WHICH may be
ing, &C. until The expiration Of four months at alter
may faPl apSOnsd g' theme %S Yhis oI
most sb H 10 me OF the se ae
ion that the Corporation after The confirmation OF the
are to appoint by some affirmative action a time or
tins appointment must made within fifteen months at
,noss and until the time fixed BY such appointment tie
session TO ispe non nd nc ric.
actual Of he lands he ABSOLUTE
esT ss aG Of S e 90 pay % I
pay four months after the expiration Of the time ap
the arrival OF the time appointed the expiration OF