Hayden v. Middlesex Turnpike Corp.
Massachusetts Supreme Judicial Court
The declaration was in case, and consisted of three counts: 1. Indebitatus assumpsit on an account annexed for labor, &c., in making the said turnpike. 2. Quantum meruit for the same labor, &c. 3. A special count, stating, in substance, that, by an act or law passed on the 23d of June, 1806, by which the route and course of the said turnpike is altered, it is, among other things, enacted and provided “ that the aforesaid corporation shall pay for all labor which has been…
Read the full summary
The declaration was in case, and consisted of three counts: 1. Indebitatus assumpsit on an account annexed for labor, &c., in making the said turnpike. 2. Quantum meruit for the same labor, &c. 3. A special count, stating, in substance, that, by an act or law passed on the 23d of June, 1806, by which the route and course of the said turnpike is altered, it is, among other things, enacted and provided “ that the aforesaid corporation shall pay for all labor which has been performed, and all damages which have been sustained, before the passing of the said act, in the town of Chelmsford,, by…
1Opinion of the CourtSewall, J.
With us incorporations are by statute either mediately or immediately ; and the powers, incidents, duties, and liabilities, of the corporation, are to be determined by the statute or statutes in which the corporation originates.
Towns, parishes, and proprietors of common lands, who hold meetings and regulate their proceedings under divers provisions of statutes enacted upon those subjects, are said to be quasi corporations, and have certainly many of the incidents of corporations aggregate; and as to these, there can be no doubt of their liability in actions of assumpsit. The practice of…
2Cases cited8 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Bulkley v. Derby Fishing Co.Supreme Court of Connecticut · 1817
- Butts v. CuthbertsonSupreme Court of Georgia · 1849
- Dorris v. Farmers & Merchants BankCourt of Appeals of Georgia · 1918
12 more not listed; retrieve them via the Exa API.