People v. President of the Williamsburgh Turnpike Road & Bridge Co.
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court, in the second judicial district, affirming a judgment entered on the verdict of a jury in favor of the plaintiff's. The defendant was incorporated as a turnpike company by a special act of the legislature, passed March 11, 1814, and completed its road shortly after its incorporation in that year.
Read the full summary
Appeal from judgment of tlie General Term of the Supreme Court, in the second judicial district, affirming a judgment entered on the verdict of a jury in favor of the plaintiff's. The defendant was incorporated as a turnpike company by a special act of the legislature, passed March 11, 1814, and completed its road shortly after its incorporation in that year. It had, for upward of fifty-five years prior to the commencement of this action, used the privileges and franchises conferred by its charter. This action was brought by the Attorney-General to exclude the defendant from its corporate…
1Opinion of the CourtRapallo, J.
It was claimed upon the argument by the learned counsel for the appellants that at common law no information in the nature of a quo warranto could be brought against a corporation for a forfeiture of its franchises by misuser, when the acts complained of occurred more than twenty years before the institution of the proceedings; and in support of this proposition he cited the cases of Rex v. Dawes (4 Burr., 2022), Rex v. Marten (4 Burr., 2120), and The King v. Stacey (1 T. [D. & E.] R., 2).
- The rule laid down in those cases was first established in 1763, in the Winchelsea Causes (4 Burr.,…
2Cases cited3 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- People ex rel. M'Kinch v. Directors of Bristol & Rensselaerville Turnpike RoadNew York Supreme Court · 1840
- People ex rel. Taylor v. ThompsonNew York Supreme Court · 1839
3Cited by12 opinions
- State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894
- Dern v. Salt Lake City RailroadUtah Supreme Court · 1899
- People v. Broadway RailroadNew York Supreme Court · 1890
- People v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2003
- Hill v. McMahonAppellate Division of the Supreme Court of the State of New York · 1903
7 more not listed; retrieve them via the Exa API.