Cornell v. Town of Guilford
Court for the Trial of Impeachments and Correction of Errors
Motion to set aside the report of referees. The action Was assumpsit to recover certain moneys expended by the plaintiffs in prosecuting a suit against “The Butternutts and Oxford Turnpike Company,” and for the costs recovered against and paid by them to the defendants in that suit, and for time and services of the plaintiffs in attending upon that litigation.
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Motion to set aside the report of referees. The action Was assumpsit to recover certain moneys expended by the plaintiffs in prosecuting a suit against “The Butternutts and Oxford Turnpike Company,” and for the costs recovered against and paid by them to the defendants in that suit, and for time and services of the plaintiffs in attending upon that litigation. On the trial of this cause before the referees, it appeared that the plaintiffs and one Humphrey were elected commissioners of highways of the town of Guilford, in Chenango county, at the annual town meeting in the year 1838. The…
1Opinion of the Court
By the Court, Jewett, J.
Conceding that the electors of the town of Guilford assembled in annual town meeting, passed the alleged resolution, and that all other objections can be answered, this suit cannot be sustained, unless it can be shewn either that the town, in the exercise of some corporate power, had authority to invest the plaintiffs as commissioners of highways with the legal capacity to institute the suit against the turnpike company, or that the plaintiffs, as such commissioners, by virtue of their office, had a right in the discharge of their official duties, independent of said…
2Cases cited1 opinion
- Jackson ex dem. Lynch v. HartwellNew York Supreme Court · 1811
3Cited by26 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- City of Jersey City v. HagueSupreme Court of New Jersey · 1955
- Town of Guilford v. CornellNew York Supreme Court · 1854
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