Legal Opinion

Chenango Bridge Company v. . Binghamton Bridge Company

New York Court of Appeals

Decided June 5, 1863PublishedCited by 13 opinions

Appeal from the Supreme Court, where the plaintiffs commenced this action in the year 1856. to restrain the-defendants from using, of allowing travel or taking toll upon, a certain toll bridge erected by the defendants across- the Chenango river at Binghamton, in violation, as the plaintiffs claimed, of the exclusive right secured to them, under the act of the legislature pursuant to which their ow.n bridge over said stream was erected.

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Appeal from the Supreme Court, where the plaintiffs commenced this action in the year 1856. to restrain the-defendants from using, of allowing travel or taking toll upon, a certain toll bridge erected by the defendants across- the Chenango river at Binghamton, in violation, as the plaintiffs claimed, of the exclusive right secured to them, under the act of the legislature pursuant to which their ow.n bridge over said stream was erected. By an act of the legislature, passed in the year 1805 (eh. 89), a corporation was created, entitled “The president and directors of the Newburgh and Chenango…

1Opinion of the CourtWright, J.

The Constitution of the United States declares that “ no State shall pass any law impairing the obligation of contracts.” (U. S. Const., art. 1, § 10.) The provision, interpreted by the light of history, has been supposed by many only to have been intended to apply to executory contracts; but a far more extended interpretation has been given to it by that court which possesses the ultimate right of passing upon the question, and whose decisions we are bound to respect and follow as the leaw of the land. Not only has it been settled that an executory contract, but, also, that a grant or…

2Cases cited4 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  3. Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
  4. Bennett v. ButterworthSupreme Court of the United States · 1850

3Cited by13 opinions

  1. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  2. City of Pontiac v. CarterMichigan Supreme Court · 1875
  3. Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
  4. Davenport v. KleinschmidtMontana Supreme Court · 1887
  5. Matter of Application of Union Ferry Co.New York Court of Appeals · 1885

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