Downing v. Mount Washington Road Co.
Supreme Court of New Hampshire
Assumpsit, brought by Lewis Downing & Sons, to recover the price of eight omnibuses, and a model for the same, one light wagon, and one baggage wagon, made for the defendants, under a contract entered into by D. O. Macomber, president of the defendant corporation, in their behalf. The light wagon was made and sent to one Cavis, the agent for building the road, and was used by him in mak"ing it.
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Assumpsit, brought by Lewis Downing & Sons, to recover the price of eight omnibuses, and a model for the same, one light wagon, and one baggage wagon, made for the defendants, under a contract entered into by D. O. Macomber, president of the defendant corporation, in their behalf. The light wagon was made and sent to one Cavis, the agent for building the road, and was used by him in mak"ing it. The omnibuses and baggage wagon were intended to be used in conveying passengers up and down the mountain, after the road was completed. The omnibuses were constructed in a peculiar way, and are not…
1Opinion of the Court
Bell, C. J.*
Corporations are creatures of the legislature, having no other powers than such as are given to them by their charters, or such as are incidental, or necessary to carry into effect the purposes for which they were established. Trustees v. Peaslee, 15 N. H. 830 ; Perrine v. Chesapeake Canal Co., 9 How. 172. In giving a i construction to the powers of a corporation, the language !of the charter should in general neither be construed , .strictly nor liberally, but according to the fair and natural j ‘import of it, with reference to the purposes and objects of ü ¡the corporation.…
2Cases cited10 opinions
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- New-York Firemen Insurance Co. v. ElySupreme Court of Connecticut · 1825
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Machebeuf v. ClementsSupreme Court of Colorado · 1873
- Herbert v. SullivanDistrict Court, D. New Hampshire · 1941