Owen v. Smith
New York Supreme Court
THIS case comes before the court upon an agreed statement of facts, under § 372 of the code. “ The Herkimer Manufacturing Company” was incorporated by special act of the legislature, in 1833, “ for the purpose of erecting a dam across West Canada creek in the town of Herkimer, in the county of Herkimer, at some convenient point northwardly from the village of Herkimer, and to conduct the waters of the said creek in such canal as they may construct near to the said village,…
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THIS case comes before the court upon an agreed statement of facts, under § 372 of the code. “ The Herkimer Manufacturing Company” was incorporated by special act of the legislature, in 1833, “ for the purpose of erecting a dam across West Canada creek in the town of Herkimer, in the county of Herkimer, at some convenient point northwardly from the village of Herkimer, and to conduct the waters of the said creek in such canal as they may construct near to the said village, and to discharge the same into the Mohawk river or West Canada creek, or both, at such place or places as they shall deem…
1Opinion of the Court
By the Court, Allen, J.
No question is made in respect to the conditions of the conveyances to the corporation as expressed in them. It is conceded that these conditions have been substantially performed, so that there is no right in the grantors or their heirs as for conditions broken. Neither is it claimed that the grant was for a special purpose, and that such purpose having failed the title has reverted to the grantors. The grants were in fee, and vested the title absolutely in the corporation so far as it could take. A corporation can take a fee simple for the purposes of alienation, but…
2Cases cited7 opinions
- Curran v. ArkansasSupreme Court of the United States · 1853
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- SOULARD AND OTHERS v. United StatesSupreme Court of the United States · 1830
- People v. MauranNew York Supreme Court · 1848
- Aikin v. Albany, Vermont & Canada RailroadNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Saybe v. SageSupreme Court of Colorado · 1910
- Heath v. . BarmoreNew York Court of Appeals · 1872
- Richards v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1909
- Torrence v. City of CharlotteSupreme Court of North Carolina · 1913
- Grafton v. Union Ferry Co.New York City Court · 1892
1 more not listed; retrieve them via the Exa API.