Union Steamboat Co. v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court without a jury. This action was brought to recover back moneys alleged to have been paid by plaintiff under protest and to release its property from a levy and threatened sale under a tax-warrant issued by defendant’s comptroller. The facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court without a jury. This action was brought to recover back moneys alleged to have been paid by plaintiff under protest and to release its property from a levy and threatened sale under a tax-warrant issued by defendant’s comptroller. The facts are sufficiently set forth in the opinion. The company’s remedy is by a review of their decision by certiorari. (Swift v. City of Poughkeepsie, 37 N. Y. 512; People ex rel.…
1Opinion of the CourtFinch, J.
The plaintiff has recovered a judgment against the defendant for something more than $10,000, upon the ground that by means of an illegal'assessment and the force and coercion of its collection, that sum had been unlawfully wrested from them by the city authorities and was unjustly withheld.
The Union Steamboat Company was organized, and commenced business in the year 1869, under an act of the legislature entitled “An act for the incorporation of companies formed to navigate the lakes and rivers,” passed April 15th, 1854. It filed in the proper offices the required certificate of…
2Cases cited2 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Western Transportation Company v. . ScheuNew York Court of Appeals · 1859
3Cited by18 opinions
- Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting CompanySupreme Court of the United States · 1915
- First National Bank v. WilcoxWashington Supreme Court · 1913
- Milwaukee Steamship Co. v. City of MilwaukeeWisconsin Supreme Court · 1892
- People ex rel. Knickerbocker Press v. BarkerNew York Supreme Court · 1895
- Iowa Limestone Co. v. CookSupreme Court of Iowa · 1930
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