Town of Galen v. Clyde & Rose Plank Road Co.
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside a contract or agreement made between the supervisor and commissioners of highways of the town of Galen and the Clyde and Bose Plank Boad Company, under which the plank road company claim possession of a public highway in the town of Galen. ■ The complaint alleged that the defendant, being a corporation or association, and incorporated under and by virtue of an act entitled “An…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside a contract or agreement made between the supervisor and commissioners of highways of the town of Galen and the Clyde and Bose Plank Boad Company, under which the plank road company claim possession of a public highway in the town of Galen. ■ The complaint alleged that the defendant, being a corporation or association, and incorporated under and by virtue of an act entitled “An act to provide for the incorporation of companies to construct turnpike roads,” passed Hay 7, 1847, and an act entitled…
1Opinion of the Court
By the Court, Johnson, J.
A very important, if not controlling question, lies at the threshold of this case, which is, whether the plaintiff can maintain the action, conceding a cause of action to have accrued against the defendant. Unless it can be shown that the contract, which the plaintiff asks to have annulled, is the contract of the town, or the right to the highway, which the defendant claims to have acquired, under it, was the property of the town, it is difficult to see how this _ action can be maintained. Bach town as a body corporate has capacity to sue and be sued. (1 R. S. 337, §…
2Cases cited2 opinions
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
- People v. JacksonNew York Supreme Court · 1850
3Cited by6 opinions
- People v. GrantNew York Court of Appeals · 1954
- Flynn v. . HurdNew York Court of Appeals · 1889
- Granger v. Pulaski CountySupreme Court of Arkansas · 1870
- Smith v. GagliardiAppellate Division of the Supreme Court of the State of New York · 1955
- Fosdick v. Town of HempsteadNew York Supreme Court · 1890
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