Heath v. . Barmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment entered upon the decision of the court upon a trial at circuit without a jury. This was an action of trespass. In January, 1852, the Fredonia and Sinclairsville Plank-road Company was organized for the purpose of constructing a plank-road from the village of Fredonia to the north line of the town of Ellicott.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment entered upon the decision of the court upon a trial at circuit without a jury. This was an action of trespass. In January, 1852, the Fredonia and Sinclairsville Plank-road Company was organized for the purpose of constructing a plank-road from the village of Fredonia to the north line of the town of Ellicott. The company surveyed their road and run it across lands in the possession of Bufus Pratt, and also across lands in the possession of the plaintiff, where previously there…
1Opinion of the CourtRapallo, J.
In so far as the plaintiff’s right to recover in this action is sought to be sustained, on the ground that at common law real estate held by a corporation at the time of its dissolution reverts to the grantor, it cannot be supported for two reasons: First, because the plank-road company has not been dissolved, and secondly, because the rule of law invoked by the plaintiff does not prevail in this State in respect to stock corporations. Under the provisions of 1 R. L., 248, and 1 R. S., 600, §§ 9 and 10, upon the dissolution of a corpotion, the directors or managers at that time become…
2Cases cited8 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
- In re JohnNew York Supreme Court · 1839
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- People v. MauranNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Matter of City of BuffaloNew York Court of Appeals · 1912
- Tifft v. . City of BuffaloNew York Court of Appeals · 1880
- Heard v. . City of BrooklynNew York Court of Appeals · 1875
- People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.New York Court of Appeals · 1881
19 more not listed; retrieve them via the Exa API.