Health Department v. Van Cott

The Superior Court of New York City

Health Department v. Van Cott

19 Jones & S. 413

CourtThe Superior Court of New York City

DecidedMarch 2, 1885

StatusPublished

This text of 19 Jones & S. 413 (Health Department v. Van Cott) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Health Department v. Van Cott, 19 Jones & S. 413 (N.Y. Super. Ct. 1885).

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Opinion

Per Curiam.

At the time of the passage of chapter 410, Laws of 1882, the real estate in question was not in use by the fire department of the city, which the act abolished. It had ceased, or rather one of its predecessors had ceased to use the building. At the passage of chapter 137, of Laws of 1870, § 84, the metropolitan fire department had not had lately the custody of the building; for in 1867 that department had transferred the custody to the plaintiffs. The plaintiffs had no power to hold under the then fire department. The fire department could not have a custody through the plaintiffs, that acted as an independent body under the law. The legislature and the city corporation knew what department had actual use, actual custody at the time the acts were passed. On the facts, the plaintiffs were in use and in custody by the recognition of the city before any point of time, that could be deemed to be lately, as to use or custody by the fire department.

The order is affirmed, with $10 costs, and disbursements to be taxed, upon the opinion of the judge at special term.

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Per Curiam.

At the time of the passage of chapter 410, Laws of 1882, the real estate in question was not in use by the fire department of the city, which the act abolished. It had ceased, or rather one of its predecessors had ceased to use the building. At the passage of chapter 137, of Laws of 1870, § 84, the metropolitan fire department had not had lately the custody of the building; for in 1867 that department had transferred the custody to the plaintiffs. The plaintiffs had no power to hold under the then fire department. The fire department could not have a custody through the plaintiffs, that acted as an independent body under the law. The legislature and the city corporation knew what department had actual use, actual custody at the time the acts were passed. On the facts, the plaintiffs were in use and in custody by the recognition of the city before any point of time, that could be deemed to be lately, as to use or custody by the fire department.

The order is affirmed, with $10 costs, and disbursements to be taxed, upon the opinion of the judge at special term.

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Bluebook (online)

19 Jones & S. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/health-department-v-van-cott-nysuperctnyc-1885.