Welles v. Cowles
Supreme Court of Connecticut
THIS was an action of assumpsit, to recover the dividends, for a certain period, on twenty-live shares of the capital stock of the Talcott Mountain Turnpike Company. The cause was tried at Hartford, September term, 1817, befora Edmond, Smith and Baldwin, Js.
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THIS was an action of assumpsit, to recover the dividends, for a certain period, on twenty-live shares of the capital stock of the Talcott Mountain Turnpike Company. The cause was tried at Hartford, September term, 1817, befora Edmond, Smith and Baldwin, Js. The Talcott Mountain Turnpike Company was incorporated, by the legislature, in May, 1798. That part of the act, which constituted the petitioners a corporation, was in these words : “ Resolved by this Assembly, that Georg» Humphrey» and his associates, together with such persons as shall hereafter associate, with their successors, heirs…
1Opinion of the Court
Swift, Ch. J.
Though the public do not own the right of soil in highways, yet they have the right? to pass and re-pass, and to do every act necessary to make and repair the roads. This right, though of an incorporeal kind, is real property. When the legislature incorporated the turnpike company in question, they authorised and empowered them to make and maintain the road, to erect gates thereon, and collect a certain toll, till the expense of making and repairing the road should be reimbursed to the stockholders, with twelve per cent, interest. This is a right, issuing out of real property,…
2Cited by4 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Company for Erecting & Supporting a Toll-Bridge from New Haven to East Haven v. OsbornSupreme Court of Connecticut · 1868
- Welles v. CowlesSupreme Court of Connecticut · 1822
- Johns v. JohnsOhio Supreme Court · 1853