New v. . Village of New Rochelle
New York Court of Appeals
Appeal, by permission, from a judgment of the late General Term of the Supreme Court, in the second judicial department, entered January 22, 1896, reversing a judgment of the County Court of Westchester county in favor of the plaintiff, and dismissing the complaint upon the merits: This action was brought to recover fifty-four dollars and seventy cents, the amount of an assessment levied upon the plaintiff’s property by the defendant for resetting curbs on the streets in…
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Appeal, by permission, from a judgment of the late General Term of the Supreme Court, in the second judicial department, entered January 22, 1896, reversing a judgment of the County Court of Westchester county in favor of the plaintiff, and dismissing the complaint upon the merits: This action was brought to recover fifty-four dollars and seventy cents, the amount of an assessment levied upon the plaintiff’s property by the defendant for resetting curbs on the streets in front of his property, and which was paid by the plaintiff to the collector of the village. The assessment was Void upon…
1Per curiam
We are satisfied with the determination of the learned General Term that the judgment of the County Court should be reversed, and with the reasons given for that conclusion. The court below, however, went farther and dismissed the complaint upon the merits. This, as we think, it had no power to do, under the circumstances, because it is not certain but what further evidence may be produced upon another trial that will so change the essential facts as to warrant the conclusion that the payment in question was not .voluntarily made. The General Term had power to “ reverse or affirm, wholly or…
2Cases cited6 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Guernsey v. . MillerNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Husted v. . ThomsonNew York Court of Appeals · 1899
- Maupin v. Insurance Co.West Virginia Supreme Court · 1903
- Ruffner Bros. v. Dutchess InsuranceWest Virginia Supreme Court · 1906
- Hendrickson v. . City of New YorkNew York Court of Appeals · 1899
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
9 more not listed; retrieve them via the Exa API.