Board of Trustees v. Acker
New York Supreme Court
This action was brought on for trial in the county court of Kings county, before Judge Samuel Garrison and a jury, on the 10th day of December, 1862, on ah appeal from a judgment of the justice’s court of the fourth district of the city of Brooklyn, in favor of the above plaintiffs, against the defendant, for $205.25 damages and costs.
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This action was brought on for trial in the county court of Kings county, before Judge Samuel Garrison and a jury, on the 10th day of December, 1862, on ah appeal from a judgment of the justice’s court of the fourth district of the city of Brooklyn, in favor of the above plaintiffs, against the defendant, for $205.25 damages and costs. A copy of the complaint is as follows : The plaintiffs in the above entitled action, who are the board of trustees of the fire department of the eastern district of the city of Brooklyn, show to this court: First. That the defendant was, at the time of the…
1Opinion of the Court
Scrugham, Justice.
The constitution gives to all corporations the right to sue, but the manner in which that right is to be exercised is left for legislative enactment; and there is no constitutional prohibition against a provision that it shall be in the name of one or more of the officers of the corporation.
The plaintiffs are not a corporation, but the trustees composing the board are officers of the Brooklyn Eastern District Eire Department, which was duly incorporated by the act of April 7th, 1857, and which is the legal owner of the fund for the use of which all recoveries are…
2Cases cited1 opinion
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