People v. Troy House Co.
New York Supreme Court
APPEAL from a judgment of ouster and dissolution, against the defendant, entered upon a decision of Justice Peckham, on the trial of this cause before him without a jury.
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APPEAL from a judgment of ouster and dissolution, against the defendant, entered upon a decision of Justice Peckham, on the trial of this cause before him without a jury. The defendant was incorporated in May, 1864, under the “Act to authorize the formation of corporations for the ■ erection of buildings,” passed April 5, 1853. (Laws of 1853, ch. 117.) The attorney general, on leave granted, instituted this action to obtain judgment of ouster and dissolution against the defendant, on three grounds: 1. On account of the exercise of privileges and franchises not granted. 2. On account of the…
1Opinion of the Court
By the Qourt, Hogeboom, J.
The plaintiffs rely upon three grounds to maintain the judgment of ouster and dissolution granted in this action. 1. That, the privileges and *631franchises exercised by the defendant were never conferred upon it by law, and especially not by the act under which the defendant was incorporated. 2. That if those privileges and franchises were ever conferred they have been forfeited by non-user. 3. That the capital of the defendant has never been paid in in moneys as required by the act of incorporation.
1. The defendant claims title to the privileges arid franchises which…
2Cases cited1 opinion
- Haviland v. ChaceNew York Supreme Court · 1860
3Cited by7 opinions
- People v. Broadway RailroadNew York Court of Appeals · 1891
- State ex rel. Collings v. BeckIndiana Supreme Court · 1882
- Tasker v. WallaceNew York Court of Common Pleas · 1876
- People v. ChambersCalifornia Supreme Court · 1871
- People v. Broadway RailroadNew York Court of Appeals · 1891
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