Dale v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Oity of Hew York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 4th day of Hovember, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term overruling the defendant’s demurrer to the complaint. - ■
1Opinion of the Court
Laughlin, J. :
In the year 1899 the plaintiff was assessed for personal property in the city of Hew York. The assessment was made in due form of law, and a warrant authorizing the collection thereof by levy upon and sale of the goods and chattels of the plaintiff was likewise issued in due form by the receiver of taxes to a marshal who threatened to *229execute the same as therein commanded. On the 28th day of June, 1900, the plaintiff, to prevent a levy and sale by the marshal under said warrant, paid the tax and brings this action to recover it back.
The plaintiff alleges that at the time this…
2Cases cited21 opinions
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
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- Fifth Avenue Coach Co. v. StateNew York Court of Claims · 1911