41 Cal. 507 | Cal. | 1871
In Wood v. Truckee Turnpike Company, 24 Cal. 474, it was decided that a franchise to construct a turnpike road and collect tolls thereon is a personal trust reposed in the grantee, and is not assignable either at forced sale or by voluntary conveyance, except with the consent of the granting party. In Monroe v. Thomas, 5 Cal. 470, the same proposition was maintained in respect to a ferry franchise, and the principle
Judgment reversed, with an order to the Court below to enter judgment for the defendant on the findings.
Mr. Justice Temple did not participate in the foregoing decision.