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HORN SILVER MINING CO. v. NEW YORK

No. 48.

143 U.S. 305 (1892)

12 S.Ct. 403

36 L.Ed. 164

HORN SILVER MINING COMPANY, v. NEW YORK STATE.

Supreme Court of United States.

Decided February 29, 1892.

Attorney(s) appearing for the Case

Mr. Julien T. Davies (with whom was Mr. Edward Lyman Short on the brief) for plaintiff in error.

Mr. Charles F. Tabor, Attorney General of the State of New York, submitted on his brief.

MR. JUSTICE FIELD delivered the opinion of the court.

A corporation being the mere creature of the legislature, its rights, privileges and powers are dependent solely upon the terms of its charter. Its creation (except where the corporation is sole) is the investing of two or more persons with the capacity to act as a single individual, with a common name, and the privilege of succession in its members without dissolution...

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