Fowle v. Corporation of Alexandria
U.S. Circuit Court for the District of District of Columbia
This was an action upon the case against “ the Common Council of Alexandria,” for negligence in licensing an auctioneer without taking bond and security according to the Virginia Act of 1796, “ concerning corporations,” and the by-law of “ the Mayor and Commonalty” of the 5th of February, 1800. By an Act of the Legislature of Virginia in the year 1779, the mayor, recorder, aldermen, and common councilmen, elected in the manner therein prescribed, were made a body corporate…
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This was an action upon the case against “ the Common Council of Alexandria,” for negligence in licensing an auctioneer without taking bond and security according to the Virginia Act of 1796, “ concerning corporations,” and the by-law of “ the Mayor and Commonalty” of the 5th of February, 1800. By an Act of the Legislature of Virginia in the year 1779, the mayor, recorder, aldermen, and common councilmen, elected in the manner therein prescribed, were made a body corporate and politic by the name of “ Mayor and Commonalty of the town of Alexandria.” By the Virginia Act of December 22,1796, “…
1Opinion of the CourtCranch, C. J.
The Act of Virginia of 1796, “ concerning corporations,” requires that bond and security shall be taken; the condition, however, is left to the discretion of the corporation; but that condition, when once fixed by a by-law, is necessary, and cannot be dispensed with at the will of the corporation, unless that will be expressed in such a formal manner as to repeal the by-law.
The first question is, whether the corporation is liable in an action upon the case at common law, for negligence of its duty.
In the case of Yarborough v. The Bank of England, 16 East, 6, it is decided that trover will lie…
2Cases cited1 opinion
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1830
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