Brundage v. Village of Portchester
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to recover an amount which the plaintiff alleged was due to him upon a contract made with the defendant in 1874, which amount the defendant had wrongfully withheld and applied to the payment of certain illegal and invalid assessments imposed upon property belonging to the plaintiff.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to recover an amount which the plaintiff alleged was due to him upon a contract made with the defendant in 1874, which amount the defendant had wrongfully withheld and applied to the payment of certain illegal and invalid assessments imposed upon property belonging to the plaintiff. It was also sought to have the said assessments, to the extent of the money paid, canceled and vacated.
1Opinion of the Court
Barnard, P. J.:
It was not claimed upon the trial that the assessments for grading Hoseco and Irving avenues were legal and valid assessments. The answer sets up facts going to show that the assessment was illegally imposed, and directly charges that Hoseco avenue was not a public highway and that the defendant had no right to take, any proceedings to grade the same. The judgment of Trage againstthe defendant, of Merritt against the defendant, were read in evidence, showing that the other avenue (Irving) was not a public highway, and that, therefore, any assessment was illegal to grade the…
2Cases cited3 opinions
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- Horn v. . Town of New LotsNew York Court of Appeals · 1880
- People Ex Rel. Merriam v. SchoonmakerNew York Court of Appeals · 1855