Smith v. Board of Water Commissioners
Supreme Court of Connecticut
Assumpsit brought to the Superior Court in New-London county, and tried to the jury on the general issue, before Parle, J. The declaration alleged “ that on or about the 1st day of March, 1868, in consideration that the plaintiff, at the special .instance and request of the defendants, would erect a suitable building on the premises of the city of Norwich, near the proposed water reservoir of said city, for the boarding of not less than one hundred men per day, and would…
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Assumpsit brought to the Superior Court in New-London county, and tried to the jury on the general issue, before Parle, J. The declaration alleged “ that on or about the 1st day of March, 1868, in consideration that the plaintiff, at the special .instance and request of the defendants, would erect a suitable building on the premises of the city of Norwich, near the proposed water reservoir of said city, for the boarding of not less than one hundred men per day, and would also board said number of men daily from the time of the completion of said building to the completion of said water…
1Opinion of the CourtButler, C. J.
We perceive no error in the charge of the court in this case.
1. The defendants’ first request involved the proposition that they had no power by their charter to make the contract. The contract was a lawful one in its nature, and capable of subserving the purposes for which the corporation was created, and therefore was apparently within the scope of the grant. No reason was assigned in the request why it was ultra vires, and the court might well have omitted to charge at all respecting it. But the court did charge that if necessary for the successful prosecution of the work the board of…
2Cited by18 opinions
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
- Ward v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1895
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Fogg v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889
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