Wetmore v. Campbell
The Superior Court of New York City
This was an action of trover, for an iron safe and other articles of office furniture. At the trial on the 4th of January, 1849, the following facts appeared. The defendant on the 22d of May, 1848, levied on the goods in question in possession of the plaintiff, at his office, in the building No. 4, South William-street, in the city of New York.
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This was an action of trover, for an iron safe and other articles of office furniture. At the trial on the 4th of January, 1849, the following facts appeared. The defendant on the 22d of May, 1848, levied on the goods in question in possession of the plaintiff, at his office, in the building No. 4, South William-street, in the city of New York. He gave written notice that he had levied, and would sell on the 1st of June, unless the amount demanded was previously paid with costs. On the 31st May, he went to remove the property, and as he was about to remove it, the plaintiff paid him the…
1Opinion of the CourtBy the Court. Sandford, J.
The principal point involved in the decision of this case, is the validity of an assessment for building a sewer, made for the first time, after the completion of the work. It is contended by the plaintiff, that the assessment, for the payment of which his property was seized by the collector, was invalid, because it was not made before the sewer in question was constructed, and before any contract was made for its execution.
*344The general principles on which the plaintiff relies, are well settled and indisputable. The authority for making and collecting the assessment, is to be proved, and…
2Cases cited2 opinions
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- Doughty v. HopeNew York Supreme Court · 1846
3Cited by8 opinions
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
- Saxton v. City of St. JosephSupreme Court of Missouri · 1875
- Elwood v. City of RochesterNew York Supreme Court · 1887
- In re RobertsNew York Supreme Court · 1879
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