Legal Opinion

New York & New Haven Railroad v. Ketchum

Supreme Court of Connecticut

Decided February 15, 1858PublishedCited by 44 opinions

Action of assumpsit to recover fare for travel on the plaintiffs’ road. The material facts as found by an auditor, to whom the case was referred, are as follows.

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Action of assumpsit to recover fare for travel on the plaintiffs’ road. The material facts as found by an auditor, to whom the case was referred, are as follows. From the 25th of August, 1856, to the 5th of February, 1857, Mr. Ketchum, the defendant, and his wife, child and servants, frequently passed over the plaintiffs’ road, between Westport and New York, without paying fare, claiming a right so to do by virtue of a certain resolution of the railroad company hereinafter set forth! For the whole amount of that fare the plaintiffs were entitled to recover in this suit, unless the defendant…

1Opinion of the CourtEllsworth, J.

' It has been assumed throughout the argument, and we think correctly, that the grant made to Mr. Ketehum by the vote of the 8th of April, giving him and his family a free ticket over the plaintiffs’ road, can not be sustained and made available to the defendant, unless it was made on a valuable and adequate consideration. As a gratuity it is not claimed that it can be upheld. We shall therefore turn our attention to the question of consideration, or indebtedness of the company to Mr. Ketehum, passing by other questions which have been discussed, however interesting or important they may seem…

2Cited by44 opinions

  1. Lofland v. CahallSupreme Court of Delaware · 1922
  2. Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
  3. Cahall v. LoflandCourt of Chancery of Delaware · 1921
  4. Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
  5. McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904

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