President of the Highland Turnpike v. M'Kean
New York Supreme Court
THIS was an action on the case. The declaration contained two counts. The first count stated that by an act, dated the 2d °f .April, 1806, William Edgar and others, named in the act, were incorporated, &c.
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THIS was an action on the case. The declaration contained two counts. The first count stated that by an act, dated the 2d °f .April, 1806, William Edgar and others, named in the act, were incorporated, &c. That the defendant, with other per- * r sons named in the act, were appointed commissioners to perform certain duties, Sec. and the commissioners were directed, on or before the 1st of July then next, to procure and open thirteen books, for subscription of shares of the stock of the company, one of which was kept and opened by each commissioner. That the defendant and the other persons,…
1Per curiam
The ground urged by the defendant’s counsel, in support of the motion in arrest of judgment, is the want of an averment in the declaration that the defendant, at the time of subscribing, paid to the commissioner the sum of five dollars "on each share subscribed by him. The necéssity of such an averment appears to be supported by the decisioh of the court of .errors, in the case of Jenkins v. The Union Turnpike. (1 Caines’ Cases in Error, 86.) It is "a little difficult to ascertain the point upon which the court of errors grounded their decision. One of the questions before thém was the one…
2Cited by13 opinions
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Pittsburgh, Wheeling & Kentucky R. R. v. ApplegateWest Virginia Supreme Court · 1882
- Townsend v. JemisonSupreme Court of the United States · 1849
- Ryder v. Alton & Sangamon RailroadIllinois Supreme Court · 1852
- President of Hibernia Turnpike Road v. HendersonSupreme Court of Pennsylvania · 1822
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