Clarke v. Mayor of New York
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made January 3,1888, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 23 J. & S. 259.) This action was brought to recover back $3,190.65, money paid by plaintiff as purchaser of lands sold on the '7th of May, 1883, for the non-payment of taxes, under the direction of the comptroller of the city of New York.
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Appeal from order of the General Term of the Superior Court of the city of New York, made January 3,1888, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 23 J. & S. 259.) This action was brought to recover back $3,190.65, money paid by plaintiff as purchaser of lands sold on the '7th of May, 1883, for the non-payment of taxes, under the direction of the comptroller of the city of New York. Plaintiff received the usual certificate of sale, and subsequently, the premises not being redeemed, he surrendered the certificate and took…
1Opinion of the CourtDanforth, J.
We have carefully examined the various points made by the appellant, and think none important except those which relate to the validity of the sale. If the sale was valid, errors or defects in the subsequent proceedings are of no importance upon the question raised in this action.
First. It is argued that the taxes, for the non-payment of which the sale was made, were void. They were imposed in 1877, 1878 and 1879, and under the act then in force the tax commissioners were required to have in their office books “ to be called the annual record of assessed valuation of real and personal…
2Cases cited3 opinions
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- The People v. . WalkerNew York Court of Appeals · 1858
- Apgar v. . HaywardNew York Court of Appeals · 1888
3Cited by10 opinions
- Henderson v. EdwardsSupreme Court of Iowa · 1921
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Sugerman v. JacobsAppellate Division of the Supreme Court of the State of New York · 1914
- County Securities, Inc. v. Warwick Properties, Inc.New York Supreme Court · 1940
- Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
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