City of Chicago v. Fisk

This is a suit in assumpsit brought by appellee to recover an amount claimed to be due him as rebate on a special assessment levied and collected by the city of' Chicago in 1893.

There is no dispute as to facts. Appellee paid a special assessment of $1,728.64 levied for improving a street and was given receipts therefor. After payment of all the expenses of the improvement there remained a surplus on said special assessment in the hands of the city, of which appellee’s proportionate share was $567.88. This should have been repaid to appellee in accordance with the provisions of the statute…