Danforth v. President of the Schoharie & Duanesburgh Turnpike Road
New York Supreme Court
THIS was an action of assumpsit¡ The declaration contained three counts : In the first count the plantiff stated that the defendants, of the first part, and the plaintiff of the other part, on the 26th of May, 2810, entered into articles of agreement, under the seal of the said corporation, and under the hand and seal of the said plaintiff ¡ and then proceeded to set forth the said articles of agreement; whereby the plaintiff covenanted, on or before the 1st of October,…
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THIS was an action of assumpsit¡ The declaration contained three counts : In the first count the plantiff stated that the defendants, of the first part, and the plaintiff of the other part, on the 26th of May, 2810, entered into articles of agreement, under the seal of the said corporation, and under the hand and seal of the said plaintiff ¡ and then proceeded to set forth the said articles of agreement; whereby the plaintiff covenanted, on or before the 1st of October, 1811, to make a turnpike road, for a certain distance, supposed to be eightand a half miles; or Should it exceed, or fall…
1Opinion of the Court
Thompson, Ch. J.,
délivered the opinion of the court. This case comes before the court on a general demurrer to the decíaration. The action is assumpsit, and the two first counts in the declaration set forth articles of agreement entered into between the parties, under seal, relative to the making of a road. All necessary averments of performance, on the part of the plaintiff, and breaches on the part of the defendants, are duly made, and ,set forth, and' a balance of 4000 dollars, is alleged to be due the plaintiff; and thereupon a special promise is alleged, on the part of the defendants, to…
2Cases cited1 opinion
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
3Cited by20 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Mott v. HicksNew York Supreme Court · 1823
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
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