Raleigh & Gaston Railroad v. Reid
Supreme Court of North Carolina
Motion to vacate an injunction, before Watts, J., January 11th 1870, at Chambers, Halifax Court. The complaint in the action alleged that the defendant, as Sheriff for Halifax, had distrained and was about to sell an engine belonging to the plaintiff, upon the grounds that by the lists in his hands for said county and for the State, it appeared that the plaintiff owed to him as tax for 1869, $2,368 96; a portion of it being levied upon the apportioned share for such county…
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Motion to vacate an injunction, before Watts, J., January 11th 1870, at Chambers, Halifax Court. The complaint in the action alleged that the defendant, as Sheriff for Halifax, had distrained and was about to sell an engine belonging to the plaintiff, upon the grounds that by the lists in his hands for said county and for the State, it appeared that the plaintiff owed to him as tax for 1869, $2,368 96; a portion of it being levied upon the apportioned share for such county of the entire franchise and rolling stoclc of the company jointly; and the residue upon certain lots of land in said…
1Opinion of the CourtPeabsox, C. J.
The distinction between corporations that are mere agencies of the State, and corporations based on contract, is fully established, Mills v. Williams 11 Ire. 558.
It is equally well settled that contracts made by the State with individuals, in granting charters, are not to be construed by the same rules as contracts between individuals. In the latter, the rule of the common law, which is the same as common sense, is, “words are to be taken in the strongest sense against the party using them;'’ on the idea that self-interest induces a man to select words most favorable for himself. It is…
2Cases cited1 opinion
- Bank of Pennsylvania v. CommonwealthSupreme Court of Pennsylvania · 1852
3Cited by9 opinions
- Washington Toll Bridge Co. v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
- Commissioners of Wilkes County v. CallSupreme Court of North Carolina · 1898
- Dow v. Northern RailroadSupreme Court of New Hampshire · 1886
- Mayor of New York v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1884
- Mayor, Etc. v. . B'way, Etc., R.R. Co.New York Court of Appeals · 1884
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