Attorney-General v. Interborough-Metropolitan Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by William Schuyler Jackson, as Attorney-General of the State of Mew York, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 24th day of October, 1907, denying the appellant’s motion for leave to bring an action against the Interborough-Metropolitan Company for the purpose of vacating its charter and annulling its corporate existence.
1Opinion of the Court
Clarke, J.:
The questions arising upon this appeal have been so recently an d bo thoroughly considered in Matter of Attorney-General (124 App. Div. 401) that further consideration by this court seems unnecessary except to point out that the grounds for the present application seem more unsubstantial than in the gas company case, for in the gas case a commodity was manufactured and sold, while in the present case transportation only is furnished. Railroads, because they were common carriers and because ex necessitate rei they had conferred upon them the power to condemn *805property under the…
2Cases cited5 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- Attorney-General v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Wormser v. Metropolitan Street Railway Co.New York Court of Appeals · 1906
- Wormser v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Continental Securities Co. v. Interborough Rapid Transit Co.U.S. Circuit Court for the District of Southern New York · 1908
- Continental Securities Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1915
- People v. EpsteanNew York Court of General Session of the Peace · 1918
- Continental Securities Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1913
- International Service Agencies v. United WayNew York Supreme Court · 1981
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