City of Louisville v. Zanone
Court of Appeals of Kentucky
CASE 31 — PETITION EQUITY ATREAL PROM LOUISVILLE CHANCERY COURT. In May, 1857, Zanone sued the city of Louisville to recover $147 60, alleging in substance that he had paid the money in 1854 to the contractor, under an order from the city, for the grading, paving, and curbing of a street in front of his lot; that the ordinance under which the work was done was null and void, and that he had paid the money in ignorance, of the fact that the ordinance was void, and that he was…
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CASE 31 — PETITION EQUITY ATREAL PROM LOUISVILLE CHANCERY COURT. In May, 1857, Zanone sued the city of Louisville to recover $147 60, alleging in substance that he had paid the money in 1854 to the contractor, under an order from the city, for the grading, paving, and curbing of a street in front of his lot; that the ordinance under which the work was done was null and void, and that he had paid the money in ignorance, of the fact that the ordinance was void, and that he was not liable, and in mistake of both law and fact. The city did not answer his petition, and judgment was rendered in his…
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
The question here is, not whether appellee could have been compelled in the outset to pay the assessment for the improvement, but whether, having paid it, he has shown himself entitled to the aid of a court of equity to compel restitution from the city.
The ground relied on is, that the money was paid to the contractor upon the warrant of the city, under the belief that the ordinance directing the improvement was valid and binding, when, in point of fact, it was null and void, of which, however, appellee was ignorant when the payment was made. Or,…
2Cases cited2 opinions
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
3Cited by22 opinions
- Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Connor v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Hall v. ReinherzMassachusetts Supreme Judicial Court · 1906
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