Troy Iron & Nail Factory v. Winslow
New York Supreme Court
mHE plaintiffs and defendants were members of a volunJL taiy association/ known as the Wynant’s Kill Improvement Association.
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mHE plaintiffs and defendants were members of a volunJL taiy association/ known as the Wynant’s Kill Improvement Association. This action was brought against the defendants as members of said association, which was formed under an act of the legislature, entitled “An act authorizing trusts for the benefit of the owners and occupants of mill privileges on the Wynant’s kill,”' passed April-21, 1846, for the purpose of-collecting an assessment for $1791.90 imposed upon the defendants, under and by virtue of the articles of said association, entered into for the purpose of carrying out the object…
1Opinion of the CourtMiller, J.
This suit was brought to recover the amount of an assessment made upon the defendants, as members of a voluntary association, known as the “Wynant’s Kill Improvement Association,” formed under an act of the legislature of this state, and to compel the defendants specifically to perform the covenants and conditions contained in the articles of association on their part, to be performed by the agreement entered into by them. Both the plaintiffs and the defendants were members of the association, and the plaintiffs’ right to a recovery is based upon the rule that for a breach of an express…
2Cases cited6 opinions
- Merrick v. BrainardNew York Supreme Court · 1860
- Thompson v. GregoryNew York Supreme Court · 1809
- Marvin v. BennettNew York Supreme Court · 1841
- Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
- Marvin v. BennettNew York Court of Chancery · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Engvall v. BuchieWashington Supreme Court · 1913