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NeCede's

Maxim 3.1.15

Towns and boroughs [municipal corporations] act as if persons.

Source: Warner v. Beers, 23 Wend. (N.Y.) 103, 144; Weisman, 76j Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Municipal corporations are treated as artificial persons in law and may sue, be sued, hold property, and enter contracts — but only within the powers granted by their charter.

Where this applies

  • A town sues another entity as though it were a natural person.
  • A municipality enters into a contract and questions arise about its capacity to do so.

Legal domains

familyinheritance

Cite this maxim

NeCede Max. 3.1.15 — Towns and boroughs [municipal corporations] act as if persons. — Warner v. Beers, 23 Wend. (N.Y.) 103, 144; Weisman, 76j

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