Chesley v. Smith
Superior Court of New Hampshire
THIS was an action of assumpsit, for certain tolls alleged to be due from the defendant to the plaintiff, as farmer and renter of tolls, at a certain gate of the New-Hampshire Turnpike in Durham.
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THIS was an action of assumpsit, for certain tolls alleged to be due from the defendant to the plaintiff, as farmer and renter of tolls, at a certain gate of the New-Hampshire Turnpike in Durham. The cause was tried here, February term, 1816, on the general issue, when it appeared in evidence that the corporation had been duly organized ; that the gate was, by a vote of the corporation, rented to the plaintiff for a year; and that the defendant had travelled the road and passed the gate sundry times during the term, without having paid any thing, and without having promised to pay any thing…
1Opinion of the Court
The opinion of the court was delivered by
Woodbury, J.*
This case presents so'me difficulties, but the court, after such examination as they have been able to give it, are inclined to render judgment on the verdict.
*21It is objected that the contract, between the corporation and the plaintiff, was void by the statute of frauds, becau.se not in writing ; and that, therefore, as no interest in the gate passed to the plaintiff, if any action can be maintained at alj, it must be in the name of the corporation. But it seems to us, that the plaintiff having gone into possession of the toll-house and…
2Cases cited6 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- President of the Farmers' Turnpike Road v. CoventryNew York Supreme Court · 1813
- Smith v. DrewMassachusetts Supreme Judicial Court · 1809
- Gedney v. Inhabitants of TewksburyMassachusetts Supreme Judicial Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Proprietors of the Second Turnpike Road v. TaylorSuperior Court of New Hampshire · 1834