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Meads v. Wandell

4 Sarat. Ch. Sent. 14 Court Saratoga Ch. Ct. Decision date 1844-04-02 English

Contents

Majority

p. 14
Orlando Meads, receiver, &c. et al. v. Daniel T. Wandell et al.
J. Edwards and O. Meads, for complainants; A. Ta-ber and E. C. Litchfield, for defendants.

Headnote

Effect of grant of a ferry.

Decided that the grant of a fraehise to keep a ferry between two places does not necessarily exclude the right of the state, or those in whom the right of granting such a franchise is vested, from granting a similar right to others between different points ; unless there is something exclusive in the terms of the first grant.

That an injunction will not bo granted to prevent a party from using a franchise which he claims as belonging to him,

p. 15
until the complainant has established his exclusive right thereto, by a suit at law, or otherwise.

Injunction dissolved; costs to abide the event.