Smith v. Mayor
The Superior Court of the City of New York and Buffalo
Action to recover money unlawfully paid on street assessment.
1Opinion of the CourtO’Gorman, J.
On February 3, 1876, an assessment for regulating, etc., the St. Yicholas avenue was confirmed, and the amount assessed on certain lots, then the property of Isaac T. Smith, executor, was $7,500. Subsequently a payment was made on account of this assessment, leaving a balance of $4,999.95 still due. In April, 1881, proceedings were instituted by said Smith, before the assessment commissioners, who derived their power under chapter 550 of the Laws of 1880, in order to secure a reduction of the amount of the assessment. On March 25, 1884, and before the commissioners had arrived at any decision…
2Cases cited1 opinion
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
3Cited by2 opinions
- Walker v. McKemieSupreme Court of Oklahoma · 1914
- Giroux v. BocklerOregon Supreme Court · 1921