Legal Opinion

President of the Union Turnpike Road v. Jenkins

New York Supreme Court

Decided November 15, 1803PublishedCited by 15 opinions

By an act of the 3d of April, 1801, (c. 118,) certain persons were incorporated, for the purpose of improving the road-from New Lebannon to Hudson, under the name of “ The President, Directors and Company of the Union Turnpike Road.”

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By an act of the 3d of April, 1801, (c. 118,) certain persons were incorporated, for the purpose of improving the road-from New Lebannon to Hudson, under the name of “ The President, Directors and Company of the Union Turnpike Road.” By the second section of the act, it is ordered “ that Robert Jenkins and Elisha Williams be, and they are hereby appointed commissioners, to do and perform the several duties hereafter mentioned, that is to say, they shall, on or before the first day of May next, procure two books, and in each of them enter as follows: We, whose names are here unto subscribed,…

1Opinion of the Court · KentKent, J.

That doctrine has been completely overruled in a ease where Skynner, Baron, delivered, in the house of lords, the unanimous opinion of the twelve judges. Rann v. Hughes, 7 D. & E. 350.

Lewis, Ch. J.

This court has decided that a contract merely in writing, does not supersede the necessity of a consideration.

jHixrison, in reply.

In support of the notice in arrest of judgment, nothing can be more clear than that where entire damages are given, and one count is bad, the judgment must be arrested. But in this.declaration there is not one good count, and this is -apparent on the face of the record…

Also in this document: Opinion of the Court · Radcliff.

2Cases cited3 opinions

  1. McFarlan v. Triton InsuranceNew York Supreme Court · 1847
  2. Rickert v. SynderNew York Supreme Court · 1832
  3. Worden v. DodgeNew York Supreme Court · 1847

3Cited by15 opinions

  1. Northern Railroad v. MillerNew York Supreme Court · 1851
  2. Troy Turnpike & Railroad v. M'ChesneyNew York Supreme Court · 1839
  3. Sayre v. JewettNew York Supreme Court · 1834
  4. Protection Insurance v. BillSupreme Court of Connecticut · 1863
  5. Jones v. VanzandtU.S. Circuit Court for the District of Ohio · 1843

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