Legal Opinion

McFarlane v. . City of Brooklyn

New York Court of Appeals

Decided December 9, 1890PublishedCited by 6 opinions

Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made July 23, 1886, Avliich affirmed a judgment in faAror of defendant entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made July 23, 1886, Avliich affirmed a judgment in faAror of defendant entered upon a decision of the court on trial at Special Term. This action Avas based upon certain certificates issued hy defendant on sales of lots for unpaid taxes; it Avas brought to determine the amount plaintiff Avas entitled to receive of defendant upon surrender of the certificate the taxes for Avlxich they were sold liaAdng been declared void. The findings Avere as agreed upon hy the parties. Among…

1Opinion of the CourtPotter, J.

The question presented upon this appeal is whether, upon the facts as found by the trial court and the several acts of the legislature applicable Jo the assessments and collection of taxes, water-rates, etc., in the city of Brooklyn, the plaintiff is entitled to any relief different or beyond that which the comptroller was ready and willing to pay the- plaintiff when the latter tendered the certificates, viz., the face of the certificates with the amount paid for taxes, and if so, what that other or additional relief is 1

The complaint alleges that plaintiff is advised and believes “ that,…

2Cases cited3 opinions

  1. Matter of Applicat'n of Clementi v. . JacksonNew York Court of Appeals · 1883
  2. Coffin v. . City of BrooklynNew York Court of Appeals · 1889
  3. White v. . City of BrooklynNew York Court of Appeals · 1890

3Cited by6 opinions

  1. In Re the Estate of UeckNew York Court of Appeals · 1941
  2. Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
  3. People Ex Rel. Oakley v. . BleckwennNew York Court of Appeals · 1891
  4. Bingham v. Town of GreenburghNew York Supreme Court · 1961
  5. City of Beacon v. Asher Bernstein Realty Corp.New York Supreme Court · 1945

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