Schurr v. New York & Brooklyn Suburban Investment Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Samuel Schurr against the New York & Brooklyn Suburban Investment Company, for services rendered under a contract with representatives of the defendant. After performance of the contract, the trustees of defendant, acting as a board, promised to pay him the agreed compensation. Judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Pryor,,!.
The judgment is assailed upon two grounds: Firs#, because the contract in suit was ultra vires, and so void; and, secondly, because, if within the power of the defendant corporation, the contract was not made by its authority. The defendant corporation was organized under the act of 1848 as amended and supplemented by subsequent statutes, and for the “purpose,” as avowed in its charter, “of carrying oh the business hereinafter mentioned,” namely, “purchasing, taking, holding, possessing, selling, improving, and leasing real estate and buildings, manufacture, purchase, lease, sale,…
2Cases cited16 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
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3Cited by2 opinions
- Fuld v. Burr Brewing Co.New York Court of Common Pleas · 1892
- Kipp v. East River Electric Light Co.New York Court of Common Pleas · 1892