Conner v. . the Mayor, C. of New York

Appeal from the general term of the Superior Court of the city of New York, where judgment had been entered in favor of the defendant, upon a verdict taken subject to the opinion of the court, upon a case to be made, with liberty to either party to turn the same into a bill of. exceptions. (Reported below, 2 Sandf. 355.) This was an action of assumpsit for money had and received, to recover back a sum of $10,000 paid by the plaintiff into the city treasury, under protest, and a threat of a criminal prosecution. The declaration contained the common counts; the defendant pleaded the general…