Legal Opinion

Emerson v. Goodwin

Supreme Court of Connecticut

Decided June 15, 1833PublishedCited by 37 opinions

t This was an action on the statute against selling pretench ed titles, (tit. 56. c. 1. s. 12. p. 303.) to recover the forfeit* ure given by that statute, for a violation thereof by the defendant.

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t This was an action on the statute against selling pretench ed titles, (tit. 56. c. 1. s. 12. p. 303.) to recover the forfeit* ure given by that statute, for a violation thereof by the defendant. The plaintiff declared, that while he was in possession of, and holding adversely to all other persons, a certain tene* ment in Wethersfield, called the academy, certain persons, as a committee of the first school society in that town, leased the premises to the defendant and others, in consideration of forty dollars, for four years from the 15th of September 1831; which was well known to the…

1Opinion of the CourtWilliams, J.

One abjection to this suit, is, that the lease is taken from a corporation ; and corporations are not within the statute.

That a corporation is in law, a person,” there is no doubt: and that their conveyance may be as much within the mis-chiefs intended to be -guarded-against, is equally clear. If there is any difficulty, therefore, in punishing a corporation for the offence prohibited in this statute, it is of a character entirely technical, and cannot apply to the persons who have received a lease from such corporation. The statute no doubt was intended to operate upon both seller and…

2Cases cited2 opinions

  1. Bryan v. AtwaterSupreme Court of Connecticut · 1811
  2. Leonard v. BosworthSupreme Court of Connecticut · 1822

3Cited by37 opinions

  1. Betts v. BettsNew York Supreme Court · 1878
  2. Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
  3. Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
  4. Benson v. Housing AuthoritySupreme Court of Connecticut · 1958
  5. Parker, Peebles & Knox v. El SaiehSupreme Court of Connecticut · 1928

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