Pardee v. Blanchard
New York Supreme Court
IN ERROR to the Supreme Court. This cause was originally commenced in a Justice’s Court, and removed to the Supreme Court, by certiorari.
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IN ERROR to the Supreme Court. This cause was originally commenced in a Justice’s Court, and removed to the Supreme Court, by certiorari. Pardee brought an action before the justice against Blanchard, for demanding and taking from the plaintiff twelve cents and a half, as toll, for passing a toll-gate on the north branch of the Seneca turnpike, in the town of Manlius, in the county of Onondaga, with a one-horse waggon ; and for stopping the plaintiff until he had first paid the toll, contrary to the twelfth section of the act to establish a turnpike company for improving the state road from…
1Opinion of the Court
The Chancellor.
The plaintiff in this case sued the defendant before a justice of the peace in Onondaga county, for having demanded and taken of him twelve and a half cents, for passing a toll-gate, on the north branch of the Seneca turnpike with a one-horse waggon. The cause was tried by a jury, and on the trial the plaintiff proved that the "defendant refused to let him pass the toll-gate in Manlius, with his one-horse waggon, without the payment of twelve and a half cents, and that the plaintiff offered six cents. The only inquiry and controversy at the trial was as to the character of the…
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