Ross v. City of Madison
Indiana Supreme Court
ERROR to the Jefferson Circuit Court. The plaintiff in error brought an action on the case against the city of Madison, alleging that on, &c., he was the owner of a tan-yard with tenements, fixtures, and large quantities of leather; and that the defendant erected a culvert and embankment across a certain stream on Second street, in said city, which was so unskilfully and carelessly erected, that by means thereof large quantities of water were made to overflow said tan-yard,…
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ERROR to the Jefferson Circuit Court. The plaintiff in error brought an action on the case against the city of Madison, alleging that on, &c., he was the owner of a tan-yard with tenements, fixtures, and large quantities of leather; and that the defendant erected a culvert and embankment across a certain stream on Second street, in said city, which was so unskilfully and carelessly erected, that by means thereof large quantities of water were made to overflow said tan-yard, which water injured and destroyed the property therein, to the plaintiff’s damage, Ac. The defendant pleaded, 1st, Not…
1Opinion of the CourtSmith, J.
— “ We think this instruction was wrong. The English rule was, and still appears to be, that corporations aggregate cannot enter into contracts of an important nature, except under the corn-man seal. Arnold v. The Mayor of Poole, 4 Man. & Grang. 860. Hut in this country it is well established that the contracts of corporations rest upon the same footing as those of natural persons, and are valid, without seal, whether expressly made by the corporation, or arising, by implication, from the general relations of the agent towards the corporation, or from the ratification of acts done on behalf…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Richardson v. St. Joseph Iron Co.Indiana Supreme Court · 1839
3Cited by5 opinions
- Haney v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1964
- Klepinger v. Bd. of Comm. Co. of MiamiIndiana Court of Appeals · 1968
- Klepinger v. Board of Comm.Indiana Court of Appeals · 1968
- Prather v. City of LexingtonCourt of Appeals of Kentucky · 1852
- Haney v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1964