Mayor of Jersey City v. Riker
Supreme Court of New Jersey
On rule to show cause. The plaintiff was assessed for the benefit to his property in Jersey City, by the construction of a sewer, in the sum of SB 10.57. This assessment was paid by him, and was subsequently set aside on certiorari in the Supreme Court.
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On rule to show cause. The plaintiff was assessed for the benefit to his property in Jersey City, by the construction of a sewer, in the sum of SB 10.57. This assessment was paid by him, and was subsequently set aside on certiorari in the Supreme Court. A reassessment of the expenses of this sewer was then made by the commissioners appointed under the act of 1873, p. 442, such re-assessment amounting to the sum of $333.73. This suit was brought to recover the difference between the sum paid and the amount thus re-assessed. A verdict was taken for the plaintiff, and this motion was to set it…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The principal objection to a recovery in this case is, that the plaintiff, having voluntarily paid the tax assessed upon his property, cannot maintain a suit for reimbursement. The general doctrine thus invoked is indisputable. There are a multitude of cases to the purpose, that when money is demanded as a legal right, and it is paid without compulsion, and with a full comprehension *226of the facts, the money so paid cannot be reclaimed by a suit at law. The reason of this rule is, that the party paying had an opportunity to dispute…
2Cases cited1 opinion
- Close v. StuartCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by8 opinions
- In Re an Increase in Fees by the New Jersey State Board of DentistrySupreme Court of New Jersey · 1980
- Suburban Department Stores v. East OrangeNew Jersey Superior Court Appellate Division · 1957
- Exxon Corp. v. HuntSupreme Court of New Jersey · 1987
- Automatic Merchandising Council v. Township of EdisonNew Jersey Superior Court Appellate Division · 1985
- New Jersey Hospital Ass'n v. FishmanNew Jersey Superior Court Appellate Division · 1995
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