Justus R. Fortune v. City of Tallahassee

Justus R. Fortune v. City of Tallahassee

Lower Court

  • Leon County


  • 1849


  • 473


  • 854


Plaintiff prosecuted a Writ of Error to the Supreme Court Ch. J. Marshal in delivering the opinion of that Court says, that Common Council had granted a license to carry on the trade of an auctioner which the law did not empower that body to grant. That "he is not the officer or agent of the Corporation, but is understood to act for himself as entirely, as a tavern keeper, or any other person who may carry on business under a license from the corporate body" The injury alleged in the declaration, as the foundation of the action is the omission to take the bond required by Law: Now if the common council was not required or enabled by law, to take a bond, the action cannot be sustained" And upon this reasoning, the demurrer was held goes and the judgment below affirmed - But the [?] says in that case, "That Corporation are bound by their contracts in admitted; that money corporation or those carrying on business for themselves, are liable for torts, is well settled: But that a Legislative Cooperation establishes as a part of this government of the County is liable for corps sustained by a nonfeasance by an omission of the corporate body to observe a law of its own, in which no penalty is provided, is a principle for which we can find no precedent. We are not prepared to make one in this case" In this above case, the point as to the right of the plaintiff to have his action on the case, against the corporation, does not appear to have been make or decided- but the case void off on the ground, that Deft. did not appear to be nonfeasors by omitting to do any