James v. Schmidt
New York City Court
Action by Mary E. James against Joseph W. Schmidt for the amount of a street assessment deducted from the price of certain lots on Cooper street, in the city of Brooklyn, sold by plaintiff to defendant. Defendant having agreed to purchase the lots, refused to accept a deed unless the assessment theretofore made should be deducted, and the deduction was allowed. The-assessment was afterwards vacated, and plaintiff demanded the amount thereof from defendant.
1Opinion of the CourtClement, C. J.
The assessment in question was levied under chapter 248-of the Laws of 1885, and by section 2 of that act became a lien when confirmed - by the common council; but, before a warrant could issue for its collection, a certificate by the corporation counsel was necessary. Section 6, c. 248, Laws 1885; section 6, tit. 7, Charter 1873. It does not seem material or necessary to determine the question whether Cooper street was a public or a private' thoroughfare, as the assessment may have been voidable, but it clearly was not void. When the contract was signed by the parties, the defendant found…
2Cited by3 opinions
- Borton v. City of PortlandOregon Supreme Court · 1912
- In re Jaybar Realty Corp.District Court, E.D. New York · 1942
- Lahey v. TrachmanCourt of Appeals for the Second Circuit · 1942