Barton v. Port Jackson & Union Falls Plank Road Co.
New York Supreme Court
This case came up on a verdict taken at the Clinton circuit, in July, 1858, subject to the opinion of the court. The action Was brought on a written contract, made by the defendants with Kingsland & Co. and Lyman Woodworth, for the construction of a part of their plank road, and the purchase by the company of a portion of their capital stock. The complaint, after averring the incorporation of the defendants, set out the agreement in full.
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This case came up on a verdict taken at the Clinton circuit, in July, 1858, subject to the opinion of the court. The action Was brought on a written contract, made by the defendants with Kingsland & Co. and Lyman Woodworth, for the construction of a part of their plank road, and the purchase by the company of a portion of their capital stock. The complaint, after averring the incorporation of the defendants, set out the agreement in full. It was dated September 2, 1850, and was between Kingsland & Co. of Keeseville, and Lyman Woodworth (the plaintiff) of Peru, of the one part, and the…
1Opinion of the CourtBy the Courts C. L. Allen, J.
The first question which arises for the consideration of the court in this case is whether the contract on which the plaintiffs claim to recover is in violation of the statute, and void. By the 23d section of the act in-relation to turnpike companies, (1 R. S. 582,) it is declared that no director of the corporation “ to which he shall belong shall be concerned, directly or indirectly, in any contract for the making or working of the road, or any part thereof, during the time he shall be a director.” By the 47th section of the act for the incorporation of companies to construct plank roads,…
2Cases cited8 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Griffith v. WellsNew York Supreme Court · 1846
- Blood v. GoodrichNew York Supreme Court · 1832
- Connelly v. PierceNew York Supreme Court · 1831
- Hallett v. NovionNew York Supreme Court · 1817
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3Cited by34 opinions
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- Reed v. JohnsonWashington Supreme Court · 1901
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- Iowa Lumber Co. v. FosterSupreme Court of Iowa · 1878
- Pepper v. HaightNew York Supreme Court · 1854
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