Jordan & Skaneateles Plankroad Co. v. Morley
New York Court of Appeals
Appeal from the Supreme Court, where the plaintiff brought an action to recover the amount of certain tolls alleged to be due from the defendant, who was a stage-proprietor, for driving his stage over the plaintiff’s plankroad one thousand and forty-five times without paying toll, the amount payable for which, if the defendant was liable, was admitted to be $6-2.70. The plaintiff had established a toll-gate, and had a keeper stationed at it, but the defendant drove through…
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Appeal from the Supreme Court, where the plaintiff brought an action to recover the amount of certain tolls alleged to be due from the defendant, who was a stage-proprietor, for driving his stage over the plaintiff’s plankroad one thousand and forty-five times without paying toll, the amount payable for which, if the defendant was liable, was admitted to be $6-2.70. The plaintiff had established a toll-gate, and had a keeper stationed at it, but the defendant drove through without paying toll, claiming that the road was out of repair. The gate-keeper was aware that the defendant was passing…
1Opinion of the CourtDenio, J.
There is no force in the objection that a formal promise by the defendant to pay the amount alleged to be due from him for tolls, is not stated in the complaint. In pleading under the Code, it is sufficient to state the facts from which the law infers a liability, or implies a promise. If the defendant is legally liable for these tolls on account of having used the road, an action of debt would have lain at common law upon a statement of the facts creating the liability, without the averment of a promise.
The only question of any moment in this case is, whether the remedy given by the statute…
2Cases cited1 opinion
- Almy v. HarrisNew York Supreme Court · 1809
3Cited by4 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- St. Lucie County Bank & Trust Co. v. AylinSupreme Court of Florida · 1927
- Dunn v. MorgenthauAppellate Division of the Supreme Court of the State of New York · 1902
- In re Liberty Doll Co.District Court, S.D. New York · 1917