Horn v. . Town of New Lots
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered July 30,1879, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The .substantial allegations of the complaint and the grounds of the demurrer are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered July 30,1879, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The .substantial allegations of the complaint and the grounds of the demurrer are set forth in the opinion. The law authorizing the assessment being unconstitutional and void it was invalid and it was not necessary to bring an action to have it vacated. (Stuart v. Palmer, 74 N. Y. 183, 188; Wells v. City of Buffalo, 21 Alb. L. J. 234; Townsend v. The Mayor, 77 N.…
1Opinion of the Court
Folger, Ch. J.
This case comes here on appeal from a judgment sustaining a demurrer to the complaint. The ground of demurrer is that the facts stated in the complaint do not show a cause of action against the defendant. The action may be called one for money had and received by the defendant to the use of the plaintiff. The averments of the complaint being taken as true, it appears that there was a sum of money belonging to the plaintiff in the official custody of the county clerk of Kings county. The money was the surplus arising upon the foreclosure of a mortgage upon certain lands in the…
2Cases cited9 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Moore v. . MayorNew York Court of Appeals · 1878
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- City of Rochester v. . Town of RushNew York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Day v. . Town of New LotsNew York Court of Appeals · 1887
14 more not listed; retrieve them via the Exa API.