Toal v. City of New York
New York Supreme Court
Action to recover the amount of four improvement assessments and five annual taxes paid by her, on the ground that the real estate assessed which belonged to her deceased husband, was purchased with pension moneys.
1Opinion of the CourtRussell, J.
The plaintiff seeks to recover the amount of four improvement assessments and five annual taxes paid by her in 1893 to 1898, amounting to $1,515.28, with interest on the respective payments, on the ground that the real estate assessed, which belonged to her deceased husband, John T. Toal, was purchased with pension moneys, and, therefore, all of the assessments were void and the sums paid by her can be recovered, although voluntarily paid, because she was ignorant of her legal rights when the payments were made.
The proof that her husband bought- the property in 1887, with pension moneys, is…
2Cases cited4 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Broderick v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Matter of Village of DelhiNew York Court of Appeals · 1911
- McCann v. Village of LindenhurstNew York Supreme Court · 1940