Greenberg v. Kendall
Greenberg v. Kendall
Opinion of the Court
The action in this case was by a firm of attorneys to recover fees for professional services. There was a judgment in their favor in the District Court and the defendants appeal contending that there was error in the refusal to charge certain requests submitted by the defendants and in the charge itself.
The errors complained of were that the trial judge refused to give legal force to a map in which the plot of land was described as a park and tennis courts on the theory that it was a dedication of the tract to the use of the plaintiffs, and to the denial of a request that an acceptance of a charter by the incorporators was an essential condition to the legal existence of the corporation.
We think the instructions requested were properly denied. The plot of ground is wholly within and bounded by the land of private persons; it fronts on no public highway; it was not a dedication to public use’and not being for a public use, it could not constitute a dedication at all. Trustees of the Methodist Episcopal Church v. Hoboken, 33 N. J. L. 13. The judge was, therefore, right in refusing to instruct the jury as requested that the map constituted a dedication of the described plot for the benefit of the owners of the land shown on the map.
Likewise in refusing the instruction that in order to complete the incorporation of the association there must be an acceptance of the charter granted by the state. This request undoubtedly contemplated that in order to make a charter effective and complete there must be a formal acceptance of the charter by the incorporators. The charter was obtained and delivered to the -plaintiffs who were then counsel for the defendants.,. Section 3 of the .General Corporation act {Comp. Stat.y p. 126) - provides that, “upon filing the certificate
The judgment will be affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.