Smith v. Mayor of City of New York
New York Supreme Court
Appeal from circuit court, New York county. Action by Catherine T. Smith, Andrew J. Smith, John H. Murphy, and Edward F. Murphy, executors of Hugh Smith, deceased, against the mayor, aldermen and commonalty of the city of New York, to recover $8,512.72, paid by plaintiffs to defendant for two sewer assessments. Plaintiffs recovered the amount of one of the assessments, and were nonsuited as to the other. Both parties appeal.
1Opinion of the CourtO’Brien, J.
The action was brought to recover sums paid by plaintiffs for two assessments for sewers in the Boulevard. The first was an assesment for sewers between 92d and 106th streets, and the second an assessment for sewers between 61st and 77th streets. By the judgment the plaintiffs recovered the first, but were nonsuited as to the second; and it is from the refusal to allow a recovery for the second assessment paid that the plaintiffs appeal, while the defendant appeals from so much of the judgment as allows any recovery.
Questions involving assessments for the improvement of the Boulevard have…
2Cases cited5 opinions
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Tripler v. . Mayor, Etc.New York Court of Appeals · 1893
- In the Matter of WeilNew York Court of Appeals · 1881
- In the Matter of the Petition of BlodgettNew York Court of Appeals · 1883
- Mutual Life Insurance v. Mayor of New YorkNew York Supreme Court · 1894