Dowdney v. . Mayor, Etc., N.Y. City
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, entered upon an order reversing judgment in favor of plaintiffs, entered upon the decision of the court at Special Term, and directing judgment in favor of defendants. This action was brought to remove the lien of an assessment from certain premises owned by plaintiffs, situate in the city of Hew York. The complaint alleges the following facts.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, entered upon an order reversing judgment in favor of plaintiffs, entered upon the decision of the court at Special Term, and directing judgment in favor of defendants. This action was brought to remove the lien of an assessment from certain premises owned by plaintiffs, situate in the city of Hew York. The complaint alleges the following facts. On the 15h of June, 1866, the defendants owned certain premises described, situate in the city of Hew York, fronting on Fourth avenue, and on that day granted…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is claimed by the respondents, and I think correctly, that the assessment in question was not a lien or incumbrance within the meaning of the covenant against charges, taxes, assessments and incumbrances in the deed executed by them to the grantors of the plaintiffs, on the 15th day of June, 1866, because it had not then been confirmed. No tax or assessment can exist until the amount thereof is ascertained or determined. (Kern v.Towsley, 45 Barb., 150; Post…
2Cases cited1 opinion
- Post v. LeetNew York Court of Chancery · 1840
3Cited by25 opinions
- Lathers v. . KeoghNew York Court of Appeals · 1888
- Buckhout v. . City of New YorkNew York Court of Appeals · 1903
- Merriam v. GoodlettNebraska Supreme Court · 1893
- Reynard v. City of CaldwellIdaho Supreme Court · 1933
- Etta Contracting Co. v. BruningSupreme Court of Louisiana · 1913
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