Legal Opinion

Curnen v. . the Mayor

New York Court of Appeals

Decided January 13, 1880PublishedCited by 33 opinions

Appeal from judgment of tho General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought to compel the defendant to release and discharge a lot owned by plaintiff in tho city of" Ucw York from the lien of two assessments, imposed for local improvements, and to cancel of record the said assessments. The facts appear sufficiently in the opinion.

1Opinion of the CourtDanforth, J.

The plaintiff purchased the property in question (known as block No. 101, ward No. 50 a). Before paying the purchase price, or accepting a convejumce, she ascertained at the proper office, and from the official records, that two assessments theretofore, and prior to August 3,1872, imposed thereon, were marked upon the record of assessment, “ paid by Killian Brothers,” in the column headed “By whom paid,” and “ March 7, 1873,” in the column headed “ When paid.” It was conclusively established by the defendant’s admissions, and the finding of the referee, that the amount of these assessments…

2Cases cited3 opinions

  1. Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
  2. The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
  3. King v. . HarrisNew York Court of Appeals · 1866

3Cited by33 opinions

  1. City of San Angelo v. DeutschTexas Supreme Court · 1936
  2. Seward v. FiskenWashington Supreme Court · 1922
  3. Dunn v. . City of New YorkNew York Court of Appeals · 1912
  4. O'Leary v. . Board of Education of City of N.Y.New York Court of Appeals · 1883
  5. Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892

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