Dubois v. Delaware & Hudson Canal Co.
New York Supreme Court
This was an action of assumpsit, tried at at the Ulster circuit in November, 1828, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at at the Ulster circuit in November, 1828, before the Hon. Ogden Edwards, one of the circuit judges. In November, 1825, the plaintiff entered into a contract with the defendants to construct a part of their canal, designated as section No. 12, at stipulated prices for the several pjnds 0f workffo be done, and engaged to complete the same by the 1st October, 1826. In the contract was contained a stipulation that no public or private road crossing the line of tile canal should be obstructed by excavation, or OtherwiS6) until directions should be given by…
1Opinion of the Court
By the Court,
Marcy, J.
It was | conceded on the argument that the case of Randall v.Van Vechten and others, (19 Johns. R. 60, (disposed of the two first points made on the part of the defendants. The contract was not binding on Wurts individually, it appearing that he had authority from the defendants to make it. Although it was Under the seal of the defendant’s agent, his seal was not the seal of the corporation, and the proper form of action against the "defendants was assumpsit.
*289The point of the greatest difficulty, and the main one in the case, is as to the form of the counts. If the…
2Cases cited1 opinion
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
3Cited by69 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Myerle v. United StatesUnited States Court of Claims · 1897
- Graves v. . WhiteNew York Court of Appeals · 1882
- Board of Commissioners v. GibsonIndiana Supreme Court · 1902
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
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