Kilbourne v. Board of Supervisors
New York Supreme Court
Appeal from special term, Sullivan county. Affirmed. Action by Wallace M. ICilbourne, as supervisor of the town of Liberty, against the board of supervisors of Sullivan county. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLearned, P. J.
The learned justice before whom this cause was tried wrote a very full and careful opinion. We adopt his opinion, and shall only examine a few points specially urged on this appeal.
1. It is urged that a recovery for the taxes of 1881 is barred by the statute of limitations. This action was commenced December 24, 1888. The cause *512of action arose when these taxes were misappropriated. Strough v. Supervisors, 119 N. Y. 212, 23 N. E. Rep. 552. They were so misappropriated when taxes which should have been otherwise used were used for the benefit of the county. Id. The court found that the money…
2Cases cited4 opinions
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Matter of Clark v. . SheldonNew York Court of Appeals · 1887
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
3Cited by3 opinions
- Barnum v. Board of SupervisorsNew York Supreme Court · 1891
- In re the Application for Letters of Administration upon the Estate of McKeonNew York Surrogate's Court · 1899
- Pierson v. Board of Sup'rsNew York Supreme Court · 1895