New York Court of Appeals November 11, 1879 (Brook'n Steam Transit Co. v. . City of Brook'n)

Earl, J.

This action was commenced August 31, 1878, to restrain the defendant from interfering with the plaintiff in the construction of its road.

The action was defended upon the sole ground that the plaintiff did not have such corporate existence as authorized it to construct its road in the streets of the city, and whether it did have such existence, is the sole question for our determination.