Peyser v. Mayor of New York
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon an order dismissing the complaint herein. The action was brought to recover the amount of an assessment paid to the defendant.
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Appeal from a judgment in favor of the defendants, entered upon an order dismissing the complaint herein. The action was brought to recover the amount of an assessment paid to the defendant. It appears that in the latter part of July, 1869, the plaintiff received a notice from the bureau of collection of assessments of the city of New York, stating that “ an assessment has been made on your property * * ■ * which was confirmed on the 3d of March, 1869, and that payment of the said assessment is expected to be made on or before the 27th day of July, 1869, and unless paid on or before said day,…
1Opinion of the Court
DANIELS, J.:
The first conclusion adopted in this case was, that Mr. Justice Beady was right in his views of it, and that the plaintiff should have been allowed to recover. But that is believed to be unsound, for the reason that the money was paid for the purpose of discharging the assessment, without any mistake concerning the facts on which it depended for its validity. The plaintiff was subjected to no compulsion requiring the payment to be made by him, but it was made voluntarily. And when that appears to be the case, and the payment was not induced by some mistake of fact, it cannot…
2Cases cited4 opinions
- Flower v. . LanceNew York Court of Appeals · 1875
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Wyman v. FarnsworthNew York Supreme Court · 1848