New-Haven Steam-Boat & Transportation Co. v. Vanderbilt
Supreme Court of Connecticut
This was an action on the case, to recover damages for injuries done to the plaintiffs’ steam-boat Belle, by the defendant’s steam-boat New-Haven. The defendant pleaded in abatement, that there was no any such corporation established or existing as "The Haven Steam-Boat and Transportation Company;" on which issue was taken. The court found the issue in favour of the plaintiffs, and thereupon ordered the defendant to answer over.
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This was an action on the case, to recover damages for injuries done to the plaintiffs’ steam-boat Belle, by the defendant’s steam-boat New-Haven. The defendant pleaded in abatement, that there was no any such corporation established or existing as "The Haven Steam-Boat and Transportation Company;" on which issue was taken. The court found the issue in favour of the plaintiffs, and thereupon ordered the defendant to answer over. The general issue was then pleaded; on which the cause was tried, at New-Haven, October term, 1843, before Church, J. On the trial, the plaintiffs claimed, that they…
1Opinion of the CourtHinman, J.
1. The defendant relies upon the case of The, Phenix Bank of New-York v. Curtis, 14 Conn. R. 437. as showing, that the plaintiffs, a corporation, are not presumed to have power to hold the property, for an injury to which this suit is brought; and he insists, that unless they show, by their charter of incorporation, or in some other way, that they have power to hold a steam-boat, they can not recover.
We think, however, that the case referred to, is very distinguishable from this case, and ought not to controul the decision of it. That was the case of a foreign corporation, and the court could…
2Cited by16 opinions
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Hawkins v. Garford Trucking Co., Inc.Supreme Court of Connecticut · 1921
- The " City of Washington."Supreme Court of the United States · 1875
- Anderson v. Gengras Motors, Inc.Supreme Court of Connecticut · 1954
- Ellis v. HiltonMichigan Supreme Court · 1889
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