Clow v. Van Loan
New York Supreme Court
APPEAL by,defendant from a judgment in favor of plaintiff in the Greene county court. The action was brought by Casper Clow against John I. Van Loan, in a justice’s court, to recover penalties for running a tollgate on a turnpike. The answer was a general denial; payment; that action was not properly brought in the name of plaintiff; that defendant was exempt from paying toll; that plaintiff was not entitled to maintain the action, and no cause of action existed.
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APPEAL by,defendant from a judgment in favor of plaintiff in the Greene county court. The action was brought by Casper Clow against John I. Van Loan, in a justice’s court, to recover penalties for running a tollgate on a turnpike. The answer was a general denial; payment; that action was not properly brought in the name of plaintiff; that defendant was exempt from paying toll; that plaintiff was not entitled to maintain the action, and no cause of action existed. Judgment was rendered in favor of the plaintiff for $34.35, and was affirmed upon appeal to the county court. By Laws 1855, chap.…
1Opinion of the CourtBoardman, J.
The act of 1855, chapter 347, was valid and constitutional. The legislature had the'power to create the turnpike company. By the same power it could authorize such company to sell or transfer its corporate rights and franchises. The various acts of the legislature in evidence show the existence of a legal company. Under the act of 1855, such company, by a deed good upon its face, conveyed to. Nichols the turnpike and all the company’s rights, franchises, etc., under its charter. This was in 1855. From that time until 1867 NichBls remained in the possession and use of said turnpike, collecting…
2Cases cited1 opinion
- Wiswall v. WandellNew York Court of Chancery · 1848