Tripler v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of' the Supreme' Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of' the Supreme' Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was Drought to have an assessment upon plaintiff’s property for a sewer in the boulevard between Ninety-second and One Hundred and Sixth streets in the city of New York, declared void, and to recover back the amount paid by her on account thereof. The payment was voluntary and the money cannot be recovered. (Phelps v. Mayor, etc., 112…
1Opinion of the CourtPeckham, J.
I do not think this assessment is void on its face. It is said to be so because the commissioner of public works at the time lie transmitted to the board of assessors the statement of the total amount of all the expenses which had been actually incurred by the Mayor, etc., on account of the work of constructing sewers in the district in question, also' sent a letter, which accompanied such statement, but was separate and distinct from it, in which letter the commissioner says: “ The work was commenced in 1873 by day’s work, and was so nearly completed when it came undei my charge in January,…
2Cases cited15 opinions
- Robertson v. Frank Brothers Co.Supreme Court of the United States · 1889
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
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3Cited by50 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Oleet v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1955
45 more not listed; retrieve them via the Exa API.