Harlem Gas Light Co. v. The Mayor, Aldermen & Commonalty of the City of New York
The Superior Court of New York City
This was a case agreed on by the parties, and submitted under the 372d section of the Code for decision. The plaintiffs were incorporated in February, 1855, under the general law authorizing the formation of gas companies.
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This was a case agreed on by the parties, and submitted under the 372d section of the Code for decision. The plaintiffs were incorporated in February, 1855, under the general law authorizing the formation of gas companies. The act authorizes the companies, formed under it to lay conductors for conducting gas through the streets of the city, with the consent of the municipal authorities, and “ under such reasonable regulations as they may prescribe/' In April, 1855, the defendants gave their consent to the plaintiffs to lay conductors in the streets, &c. lying north of 79th street. The…
1ConcurrenceMoncrief, J.
The learned counsel for the defendants concedes that in the absence of any restriction or limitation of the corporate powers, or legislative restraint upon the officers or agents of a corporation, contracts may be implied against corporations as against natural persons. It will be borne in mind that the claim made by the plaintiffs does not arise upon an allegation that a contract has been entered into with the defendants which might or might not conform to the provisions of the statute ■; and it must he assumed that each party to the controversy has acted in perfect good faith, and without…
2Cases cited5 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- Brady v. Mayor of New YorkThe Superior Court of New York City · 1867
- McSpedon v. Mayor of New YorkThe Superior Court of New York City · 1861
- Hecker v. MayorNew York Supreme Court · 1865