Fisher v. Mayor of New York
New York Supreme Court
APPEAL by defendants from a judgment in favor of plaintiffs, entered upon a verdict directed by the court. The action was brought by Robert H. Fisher and others against the Mayor, Aldermen and Commonalty of the city of Hew York to recover a balance alleged to be due plaintiffs for .damages awarded.
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APPEAL by defendants from a judgment in favor of plaintiffs, entered upon a verdict directed by the court. The action was brought by Robert H. Fisher and others against the Mayor, Aldermen and Commonalty of the city of Hew York to recover a balance alleged to be due plaintiffs for .damages awarded. The facts proven on the trial are set forth in the case as follows: In 1860 the defendants, being a municipal corporation, caused certain premises belonging to plaintiffs, numbered 47 on the damage map in proceedings for the widening of Worth street on the southerly side, between Hudson and Baxter…
1Opinion of the CourtDavis, P. J.
The plaintiffs seek in this action to recover the unpaid balance of the damages awarded for their lands taken by *103the city for the purpose of widening Worth street. Their action is based upon the statutory right given by section 183 of chapter 86 of the laws of 1813, and it, of course, proceeds upon the assumption and concession that the proceedings in taking the lands and making the awards were irregular. Two defenses are interposed by the defendants. First, the statute of limitations; Second, an assessment upon the same premises for the widening of Centre street, which, it is alleged, became…
2Cases cited4 opinions
- Heyer v. PruynNew York Court of Chancery · 1839
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
- Henderson v. HendersonNew York Supreme Court · 1846
- Pattison v. TaylorNew York Supreme Court · 1850