Trustees of Watertown v. Cowen & Bagg
New York Court of Chancery
This was an appeal from a final decree of the vice chancellor of the fifth circuit, perpetually enjoining the defendants from building upon the public square, or upon Mill street, in the village of Watertown.
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This was an appeal from a final decree of the vice chancellor of the fifth circuit, perpetually enjoining the defendants from building upon the public square, or upon Mill street, in the village of Watertown. The complainants claimed that the place where the defendants had commenced the erection of buildings, was partly upon one of the public streets or highways of the village, called Mill street, and partly upon a public square which, as they alleged, had been dedicated to the public for the use of the village, as an open space or mall, by the original proprietors. The bill was originally…
1Opinion of the Court
The Chancellor.
The decision of the vice chancellor was correct in refusing to suppress the depositions of Huntington, the trustee, and of the other witnesses who were inhabitants of the village of Watertown. The remote and contingent interest of a corporator in a mere municipal corporation, is not sufficient to exclude him as a witness in behalf of the corporation. And Huntington, the trustee, although an agent of the corporation, has no other or greater interest in the event of a suit, brought in its corporate name, than any other inhabitant of the village. The corporation, and not the…
2Cited by150 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Story v. LivingstonSupreme Court of the United States · 1839
- Irwin v. DixionSupreme Court of the United States · 1850
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Norman v. WellsNew York Supreme Court · 1837
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