The Buffalo and Allegany Railroad Company v. . Cary

The plaintiff's right to recover must, I think, depend upon the validity and sufficiency of the proceedings for their incorporation under the general act of 1850. The question is upon the validity of the contract alleged to have been made by the intestate by his subscription on the 8th of June, 1853; and the tests of its validity must be applied as of that date. There is no evidence that he did anything, after that time, recognizing the existence of the corporation. and up to that time there had been no user of the franchise which would estop any one from disputing the corporate existence of…