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Hamilton v. New York & Harlem R.

1 Sarat. Ch. Sent. 36 Court Saratoga Ch. Ct. Decision date 1841-05-04 English

Contents

Majority

p. 1061
James K. Hamilton et al. v. New York & Harlem R. Co.
p. 1062

Headnote

Marlem Railroad—Restriction as to time of completing road only applied to road as.oi'igi-naily authorised.
Jas. W. White for complainants.
Mr. Meredith for defendants.

Motion for injunction to restrain defendants from extending their road through Broome Street, on the ground that the time for completing the road expired in March, 1839. The chancellor decided that the restriction upon the company, hy the original Act of incorporation, as to the time of completing the road, and which time was extended by subsequent Acts to March, 1839,only applied to the road as originally authorized; and that if it was completed to that extent previous to that time, it may be extended into the city from time to time, as permission from the corporation can be obtained, at any period during the continuance of their charter. Motion denied, with costs.