Fulton Bank v. New-York & Sharon Canal Co.
New York Court of Chancery
"This was an appeal from a decree of the vice chancellor of the third circuit.. The New-York and Sharon Canal Company was incorporated, by an act of the legislature of New-York, in April, 1823,.for the purpose of maldng a canal from (he west bounds of the town of Sharon, in the state of Connecticut, to the tide waters of the Hudson, or to the city of New-York; the concerns of the company to be managed by 21 directors, who were to elect one of their number as president.
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"This was an appeal from a decree of the vice chancellor of the third circuit.. The New-York and Sharon Canal Company was incorporated, by an act of the legislature of New-York, in April, 1823,.for the purpose of maldng a canal from (he west bounds of the town of Sharon, in the state of Connecticut, to the tide waters of the Hudson, or to the city of New-York; the concerns of the company to be managed by 21 directors, who were to elect one of their number as president. In the month of May, 1823, a similar company was incorporated by the legislature of Connecticut, for the purpose of extending…
1Opinion of the Court
The Chancellor.
Although there is a general prayer for relief against the defendant M. Reed, the bill shows no ground of suit against him which could entitle the complainants to a decree. Besides, they precluded themselves from having any decree against him, by examining him as a witness in the cause. (Per Ld. Eldon, 3 Dow’s Rep, 150.) And in such cases, the complainant must pay costs to the defendant examined, although' he would not have been entitled to such costs if he had not been thus examined. (Har*131rey v. Tebbut, 1 Jac. & Walk. 203.) In this case, Reed was made a defendant, for the…
2Cited by70 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- De La Vergne Refrigerating MacHine Co. v. German Savings InstitutionSupreme Court of the United States · 1899
- Dundas v. City of LansingMichigan Supreme Court · 1889
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