Schultze v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 29, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court. This action was brought to recover back the amount of a reduction made by the court in an assessment upon certain lots in the city of New York. - The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 29, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict directed by the court. This action was brought to recover back the amount of a reduction made by the court in an assessment upon certain lots in the city of New York. - The material facts are stated in the opinion. The fact that the purchase-price of this property was paid by James Brown, while the legal title was conveyed to his two sons, does not constitute him the equitable owner…
1Opinion of the Court
Danforth, J..
The money in question was paid by the testator to prevent the enforcement of illegal assessments imposed upon certain lots in the city of New York, and within well-settled principles of law may, under the circumstances of the case, be recovered back as so much money received by the defendant for the testator’s use. The assessments were confirmed in June, 1871, and with interest amounted to $67,151.97. Proceedings to vacate or reduce the assessments were soon thereafter instituted in the name of John Crosby Brown, the then owner of record of the lots assessed, under the “ acts in…
2Cases cited3 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Purssell v. . Mayor, Etc., of the City of N.Y.New York Court of Appeals · 1881
3Cited by5 opinions
- Church of St. Stanislaus v. Algemeine VereinAppellate Division of the Supreme Court of the State of New York · 1898
- Marano v. North Bergen Twp.New Jersey Court of Chancery · 1934
- In re Moulton's EstateNew York Supreme Court · 1890
- Angermiller v. EwaldAppellate Division of the Supreme Court of the State of New York · 1909
- Wallace v. Mayor of New YorkNew York Supreme Court · 1889