Buckley v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on tl e 11th day of March, 1898, upon the verdict of a jury rendered ly direction of the court.
1Opinion of the Court
Barrett, J.:
The defendant has in its treasury §403, which it received from the plaintiff’s assignor, Walker. To this sum, it is conceded, it has not a shadow of right. It received the money for a permit to Walker to do what the law authorized him to do. (Buek v. Collis, 17 App. Div. 465.) Shall it be compelled to restore the money which it thus unjustly and unconscionably retains ? That is the sole question here, and its solution depends upon whether Walker’s payment of the money was voluntary or compulsory. The facts are these:
In May, 189Y, Walker was building an apartment house in this…
2Cases cited8 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Radich v. HutchinsSupreme Court of the United States · 1877
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Maxwell v. GriswoldSupreme Court of the United States · 1851
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3Cited by19 opinions
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Lippes v. Atlantic BankAppellate Division of the Supreme Court of the State of New York · 1979
- Video Aid Corp. v. Town of WallkillNew York Court of Appeals · 1995
- In re HarperDistrict Court, N.D. New York · 1910
- Five Boro Electrical Contractors Ass'n v. City of New YorkNew York Court of Appeals · 1962
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