Stults v. East Brunswick & New Brunswick Turnpike Co.

The opinion of the court was delivered by

The Chancellor.

This suit was brought to recover tolls alleged to be due from Mrs. Stults to the company for travel by her over its road. The action is in assumpsit, and is based upon a contract to pay $65 a year, in monthly payments, in commutation of tolls. There are also common ■counts, including counts for tolls, in the declaration. Mrs. Stults pleaded the general issue, and pleaded also, specially, that the company had not complied with the requirements of their charter, in that it had not constructed the road according to the provisions of that…