Hartford & New Haven Railroad v. New York & New Haven Railroad
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. The action was for an account of moneys received by the defendant for through fares on the railroad from New York to Boston. The plaintiffs owned a railroad from New Haven to Springfield; and the defendants a railroad from New York to New Haven. Other companies owned a railroad from Springfield to Boston; such railroads formed a continuous line of railway from New York to Boston.
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Appeal from a judgment entered upon the report of a referee. The action was for an account of moneys received by the defendant for through fares on the railroad from New York to Boston. The plaintiffs owned a railroad from New Haven to Springfield; and the defendants a railroad from New York to New Haven. Other companies owned a railroad from Springfield to Boston; such railroads formed a continuous line of railway from New York to Boston. In April, 1849,- the plaintiffs and defendants entered' into an agreement that passengers should be ticketed through between New York and stations upon the…
1Opinion of the Court
By the Court, Monell, J.
The real question in controversy in this case is, whether the defendants could retain, out *415of the portion of through fares belonging to the plaintiffs, the monthly sums agreed to be paid by the plaintiffs, to the defendants, under the contract of March, 1850. All the other questions are of minor importance, as they relate solely to a small diminution of the recovery.
It is conceded by both parties that the contract of March, 1850, is void, as being opposed to public policy. An inspection of the contract, satisfies me it is so. It is a compact between the parties,…
2Cases cited6 opinions
- Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
- Doolin v. WardNew York Supreme Court · 1810
- Ball v. . LoomisNew York Court of Appeals · 1864
- Pepper v. HaightNew York Supreme Court · 1854
- Hoogland v. WightThe Superior Court of New York City · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chicago Gas Light & Coke Co. v. People's Gas Light & Coke Co.Illinois Supreme Court · 1887
- Sharp v. WhitesideUnited States Circuit Court · 1883